Great West Casualty Company v. General Casualty Company of Wisconsin et al
| Great West Casualty Company |
| General Casualty Company of Wisconsin, Holicky Bros., Inc., Ann Hill Peterson and Nathan Peterson |
| Great West Casualty Company |
| Ann Hill Peterson, Holicky Bros., Inc., Nathan Peterson and General Casualty Company of Wisconsin |
| Holicky Bros., Inc. and General Casualty Company of Wisconsin |
| General Casualty Company of Wisconsin and Holicky Bros., Inc. |
| 0:2009cv00555 |
| March 10, 2009 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Davis |
| Nelson |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
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| Document Text |
|---|
Filing
50
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Plaintiff Great West Casualty Company's Motion for Summary Judgement 26 is GRANTED. 2. Defendant General Casualty Company of Wisconsin's Motion for Summary Judgment 33 is DENIED. 3. Plaintiff Great West Casualty Company's filings only policy of insurance does not, by its terms, provide coverage for the claims made against Defendants Holicky Bros., Inc. and Nathan Peterson in the case of Ann Hill v. Nathan Peterson an d Holicky Bros., Inc., venued in Carleton County, Minnesota District Court and arising out of a June 30, 2005 motor vehicle accident. 4. The purpose of the Federal Motor Carrier Safety Regulations' requirement that Holicky Bros. obtain lia bility insurance, guaranteeing its financial responsibility for liability to members of the public injured by its interstate operations up to the amount prescribed by 49 C.F.R. §387.9(1), has been satisfied by payments and settlement by Progress ive Classic Insurance Company, and through the insurance coverage afforded to Holicky Bros. through the policies issued by Defendant General Casualty Company of Wisconsin. 5. Plaintiff Great West Casualty Company is not obligated by operation of la w, or by virtue of the BMC 91X filing it made on behalf of Holicky Bros., Inc. with the United States Department of Transportation, to defend Holicky Bros. or Nathan Peterson, to satisfy any judgment against Holicky Bros. or Nathan Peterson that may be obtained by Ann Hill Peterson, or otherwise provide liability coverage for the claims of Ann Hill Peterson arising out of the June 30, 2005 motor vehicle accident.(Written Opinion). Signed by Chief Judge Michael J. Davis on 8/16/10. (GRR)
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