Insurance Claim – Duty to Indemnify

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7^th Circuit Court of Appeals

Case Name: Markel Insurance Company v. Lillian Marlene Rau, et al.

Case No.: 19-2433

Officials: WOOD, Chief Judge, and SYKES and HAMILTON, Circuit Judges.

Focus: Insurance Claim – Duty to Indemnify

United Emergency Medical Services, LLC (“United”) owns a fleet of ambulances. In 2016, Chester Stofko was driving his car when one of United’s ambulances crashed into it; Stofko’s injuries were fatal. Lillian Rau, as personal representative of Stofko’s estate, filed a lawsuit in state court against United and the driver to recover damages.

At the time of the accident, United was insured by Markel Insurance Company. The particular ambulance that crashed, however, was not listed on the policy. Rau argues that it was nevertheless covered by the policy because before the crash United sent Markel’s agent, Insurance Service Center (“Center”), an email requesting that the vehicle be added to the policy. Markel insists that even if United had sent an email, it never endorsed the change, which the policy requires, and so it has no duty to indemnify United or the driver and no duty to defend with respect to Rau’s suit.

Seeking a declaratory judgment to this effect, Markel filed the present suit in federal court. On cross-motions for summary judgment, the district court found that Markel had no obligation to United or its employee under the policy. We agree with this conclusion, and so we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.