 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
County of Kaua v. Scottsdale Insurance Co.5/27/1999
) AUTOMOBILE . . . owned by or operated by or rented or loaned to the [County]; (b) or to any other AUTOMOBILE . . . operated by any person in the course of his employment by the [County]."
The County had also purchased "Excess Business Automobile
Liability" coverage (hereinafter, "the excess liability policy") from Admiral for losses in excess of $300,000.00, subject to a cap of $700,000.00. The excess liability policy read in relevant part:
"[Admiral] will indemnify the [County] for ultimate net loss in excess of the [County's] retained limit . . . which the [County] legally must pay as damages because of bodily injury or property damage to which this insurance applies, caused by an accident and resulting from the ownership, maintenance or use of an Automobile."
C. The Underlying Lawsuits
On September 7, 1993, Moniz's widow and children filed a complaint against the County and Officer Abadilla. Specifically, the complaint alleged in relevant part:
"The death of Gilbert Moniz was caused by the negligent acts of [the County and Officer Abadilla]. [The County and Officer Abadilla] were negligent in the following respects, as well as other :"
". . . ."
"c. [The County] failed to adequately protect Gilbert Moniz from the danger presented by [Officer Abadilla], who was working in an unsafe condition without adequate rest and/or time between active duty shifts;"
"d. [The County] approved and/or condoned and/or required [Officer Abadilla] to work in an unsafe and/or unfit condition when [the County] knew or should have known that [Officer Abadilla] worked a full day[']s shift at the KAUA`I Police Department Gun Range prior to working a full night shift at the time of the accident;"
"e. [The County] failed to properly train, supervise, hire and discharge[ ] employees and/or agents including but not limited to [Officer Abadilla];"
". . . ."
"As a direct and proximate result of the negligence and tortious conduct of [the County and Officer Abadilla], Gilbert Moniz suffered severe injuries which caused his death."
Moniz's widow and children filed a second complaint against the County and Officer Abadilla on the same day, alleging in relevant part that "[the County and Officer Abadilla] have been and/or are now involved in a concerted effort to cover up the true facts and circumstances surrounding the death of Gilbert Moniz . . . ."
Upon service of the complaints filed by Moniz's widow and children, it appears that the County contacted its insurance agent, Jardine Insurance Brokers Hawaii, Inc. (Jardine). Jardine notified Scottsdale of the pending actions. Scottsdale agreed to defend the second Moniz lawsuit, but refused to defend or cover the first. Several letters among the County, Admiral, and Scottsdale, written in 1994, indicate that Scottsdale and Admiral engaged in settlement Discussions regarding the first Moniz lawsuit. At one point during the settlement negotiations, Scottsdale noted in a letter, " e feel there is very little actual police liability in this case and therefore feel that our present position is quite generous."
The County and Moniz's widow and children settled the first lawsuit for $715,000.00. Admiral requested that Scottsdale contribute fifty percent of the $715,000.00. On May 16, 1995, Scottsdale refused Admiral's request by letter, citing the automobile exclusion in Scottsdale's policy and declaring that "it would seem readily apparent that[,] if there had been no automobile accident, all other allegations would be moot."
D. Procedural History
On May 15, 1996,
Page 1 2 3 4 5 6 7 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|