Elk Run Coal Co. v. Canopius US Ins., Inc. (Signed Opinion)
Annotate this CaseA driver for Medford Trucking, LLC was injured while his truck was being loaded with coal by employees of Elk Run Coal Co. The driver sued Elk Run. A hauling and delivery agreement between Elk Run and Medford contained an indemnification clause that required Medford to purchase insurance. Accordingly, Medford purchased insurance from four different insurance companies. Elk Run asserted a third-party complaint against the insurers seeking a declaration that there was insurance coverage for the plaintiff’s claim against Elk Run under the policies. The circuit court granted partial summary judgment for the insurance companies, and Elk Run’s third-party complaints against the insurers were dismissed with prejudice. The Supreme Court reversed in part, affirmed in part, and remanded, holding that the circuit court erred in granting summary judgment to two of the insurers. Remanded.
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