FTL Ltd. was also named as a defendant in the suit.
On Nov. 19, 2014, Patricia A. Lyles was operating a 2013 Land Rover LR2 HSE northbound on U.S. Route 119 and was stopped at a red light at the intersection of U.S. Route 119 and Trace Fork Road when Neil Aaron Hasen was operating a commercial truck owned by K&K Trucking and rear ended Lyles, according to a complaint filed Feb. 14 in Kanawha Circuit Court and removed to federal court on March 22.
Lyles claims Hasen had FTL’s and/or K&K’s express authorization to operate the commercial motor vehicle at the time of the collision and, as a result of the collision, the plaintiff suffered catastrophic personal injuries, including permanent paraplegia.
National Casualty Company issued a liability insurance policy to FTL, according to the suit. On May 22, 2015, Lyles instituted a civil action against the defendants and FTL forwarded the summons and complaint to NCC, who declined coverage under the Motor Carrier Coverage Form because the commercial truck involved was not listed as a covered vehicle.
Lyles claims while the vehicle was not listed as covered under the Motor Carrier Coverage form, the policy contained a Form MCS-90 endorsement, which provides primary coverage for FTL in the amount of $750,000.
NCC’s declination letter made absolutely no mention of coverage under the Form MCS-90 endorsement, according to the suit.
Lyles is seeking declaration that coverage is available to her under the Form MCS-90 endorsement to FTL’s liability insurance policy. She is being represented by Scott S. Segal and Jason P. Foster of The Segal Law Firm.
The defendants are represented by Lee Murray Hall, Sarah A. Walling and Kierston Eastham Rosen of Jenkins Fenstermaker.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-01974