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VERDICTS
Court Rules for the Defense
American Family Mutual Insurance Company and Safeco Insurance Company of Illinois vs. Katie Hutsel, Joseph Schwartz and Christine Schwartz
RPS Partner who tried case: J. Phillip Bryant
We represented: Safeco Insurance Company of Illinois
Venue: Circuit Court of St. Louis County, Missouri, Division18
Facts:Safeco issued a policy of automobile insurance to Donald Hutsel. His daughter, Katie Hutsel, was a college student who lived in an apartment near campus. While attending a party with Maggie Farrell, Katie Hutsel took Farrell's car keys from Farrell's purse without Farrell's knowledge or express permission. Hutsel took the vehicle and was involved in an accident with Joseph Schwartz. Hutsel contended that she had Farrell's implied permission to use the vehicle. Safeco asserted that liability coverage was not afforded to Katie Hutsel under the Safeco policy issued to Donald Hutsel because it was not established that Katie Hutsel was a resident of Donald Hutsel’s household. Additionally, Safeco proffered that Katie Hutsel had neither express nor implied permission to use Farrell’s vehicle. American Family insured the Farrell vehicle and similarly contended that its policy provided no coverage to Katie Hutsel since she was not a permissive user. The court agreed and entered Judgment in favor of Safeco and American Family by which it declared that neither insurer had a duty to defend or indemnify Katie Hutsel from the underlying lawsuit against her.
Demands: Hutsel demanded that Safeco and American Family defend and indemnify her from the underlying lawsuit against her by the Schwartzes.
Offers: Safeco and American Family denied coverage for defense and indemnification to Katie Hutsel.
Verdict/Result:The court declared that coverage is not afforded to Katie Hutsel by either the Safeco or American Family insurance policies and that those insurers have no duty to defend or indemnify Katie Hutsel from the underlying lawsuit against her.
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