Berkley Reg’l Specialty Ins. Co. v. Dowling Spray Serv.

Troy Dowling, the operator of a crop-spraying business, owned a John Deere sprayer that was a scheduled item on his commercial general liability insurance policy through Berkley Regional Insurance Company. Dowling also had a commercial automobile insurance policy with Great West Casualty Company. Dowling had borrowed a different sprayer and was driving the sprayer to one of his customer’s fields when the sprayer collided with a motorcycle. James and Kimberly Seiler, who were both seriously injured in the collision, sought damages. The circuit court granted declaratory judgments for Berkley and Great West, concluding that the insurers had no duty to defend or indemnify Dowling. The Supreme Court affirmed the judgment for Berkley and reversed and remanded the judgment for Great West, holding (1) under the terms of Dowling’s policy with Berkley, Berkley had no duty to defend or indemnify Dowling for any claims arising from the accident; and (2) under the terms of Dowling’s policy with Great West, Great West had the duty to defend and indemnify Dowling for claims related to the accident. View "Berkley Reg’l Specialty Ins. Co. v. Dowling Spray Serv." on Justia Law