Sep 24, 2018

Court Upholds Jury Verdict on Mobile Equipment Determination

Dynamic Delivery Services, et al. v. Evanston Ins. Co., et al., N.J. Superior Court, Hudson County, Docket No. L-1964-16

In an insurance coverage trial taken to verdict in Hudson County Superior Court, Ford Marrin obtained a judgment declaring that its client, RLI Insurance Company, did not owe coverage under a motor carrier insurance policy with respect to an accident involving a terminal tractor, also known as a “yard truck.” The jury agreed with our argument that the vehicle in question was not an “auto,” but was instead “mobile equipment” due to the fact that its primary purpose was for off-road usage. The victory at trial resulted in the client being entitled to reimbursement from another insurer of amounts spent defending and indemnifying the insured in a related personal injury action.

By, Joseph D’Ambrosio