Franke, Schultz & Mullen, PC | <div >The Firm Obtains Declaratory Judgment in Wrongful Death Case</div >
Kansas City - Springfield - St. Louis - Overland Park
This links to the home page
News & Publications

The Firm Obtains Declaratory Judgment in Wrongful Death Case

03/25/2010

The firm recently obtained a declaratory judgment in GEICO Indem. Co. v. Sean O'Conner, et al., Case No. 106CC1939, in the Circuit Court of Greene County, Missouri. In 2006, an individual was involved in a motor vehicle accident in Springfield, Missouri, that resulted in the death of one person, injuries to three other people, and damage to four vehicles. Numerous claims were subsequently brought against the driver. However, the insurer for the vehicle asserted that there was no coverage for the driver because he stole the vehicle. Specifically, the vehicle owner, who was a friend of the driver, asserted that the vehicle was stolen. The driver asserted that he had borrowed the vehicle with the owner's permission. The parties tried the issue of permissive use and the questions of coverage to the Court, which ultimately found that the driver did not have permission to use the vehicle and thus was not afforded coverage under the vehicle owner's insurance policy.