American Fire and Casualty Co. v. Hegel, No. 15-3975 (8th Cir. 2017)
Annotate this CaseAdam Fetzer, a delivery driver for the Papa John's restaurant chain, was killed in a car accident in the course of his employment when another driver ran a red light and struck his vehicle. Mary Hegel, the personal representative of Fetzer's estate, sought underinsured motorist (UIM) coverage under a business auto insurance policy issued by American Fire to Papa John's. After American Fire denied the claim, the district court granted summary judgment against American Fire. The court concluded that the district court erred in applying North Dakota law and thus finding American Fire was required to provide UIM coverage to Papa John's. Rather, the policy is subject to Kentucky law, which does not require such coverage. Therefore, American Fire is entitled to judgment in its favor as a matter of law. The court reversed and remanded.
Court Description: Strand, Author, with Benton and Shepherd, Circuit Judges] Civil case - Insurance. Under North Dakota choice of law principles, Kentucky law should be applied to interpret the insurance contract, and the district court erred in applying North Dakota law; the finding that the insurer was required to provide Uninsured Motorist coverage to the insured is reversed, and the matter is remanded with directions to enter judgment in favor of the insurer.
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