BLUEFIELD – A Michigan company alleges that it has no duty to indemnify a Kanawha County business in a suit filed in Fayette Circuit Court because the dates in question occur outside of the policy period.
White Pine Insurance Co. filed a complaint in U.S. District Court for the Southern District of West Virginia against Hutch's Wrecker Service LLC seeking declaratory relief.
According to the complaint, A.D. Transport Express Inc. filed a civil suit against the defendant regarding alleged damages in its recovery efforts for a tractor-trailer involved in a single-vehicle crash on Sept. 9, 2015. A.D. Transport alleged that the defendant damaged cargo and its truck during recovery efforts on Sept. 11, 2015.
The plaintiff claims the insurance policy issued to the defendant had an effective policy period of Sept. 13, 2015, to Sept. 13, 2016. It alleges that the policy period begins after the date of the accident and the defendant's recovery efforts.
The plaintiff seeks declaration that plaintiff has no duty to the defendant to indemnify it in connection with the litigation and such other alternative relief. It is represented by Macel E. Rhodes of Zimmer Kunz PLLC in Morgantown.
U.S. District Court for the Southern District of West Virginia case number 2:17-cv-04592