BELLEVILLE – Progressive Northern Insurance Co. is seeking a declaration that a policy carried by Circuit Judge Ronald Duebbert does not provide uninsured or underinsured motorist coverage for a motorcycle accident he was involved in last year in Florida.
The company sued in St. Clair County Circuit Court on March 16, seeking a declaration that his policy affords no coverage.
“A real and existing controversy exists among the parties,” wrote Daniel Bradley and Brittany Warren, both of DeFranco and Bradley in Fairview Heights.
Duebbert crashed last Oct. 15, on Interstate 75 near Gainesville.
Bradley and Warren attached to their complaint a report of trooper M. J. Baker, who wrote that Duebbert was transported to a medical facility.
Baker wrote that a piece of debris was sitting in Duebbert’s path.
“Driver One did not notice the debris until the last second causing the undercarriage of Vehicle One to collide with the debris,” he wrote.
“Due to this collision, Driver One lost control of Vehicle One, causing him to lay the bike onto its side.”
He wrote that Duebbert, riding a 2018 Indian Road model, drove about 65 miles an hour on a road posted for 70.
Baker’s report also states that Duebbert was using a helmet and eye protection.
His condition was apparently normal and he was not suspected of using alcohol or drugs.
Baker described the damage as disabling, and estimated damage at $6,000.
According to Progressive Northern’s complaint, Duebbert asserted a claim for uninsured or underinsured motorist coverage.
Bradley and Warren wrote, “Duebbert’s alleged bodily injury did not arise out of being struck by an uninsured motorist.”
“Duebbert’s alleged bodily injury did not arise out of being struck by an object which an uninsured motorist caused to strike defendant.”
They wrote that Progressive Northern is entitled to a declaration of its rights and obligations before submitting to arbitration.
They wrote that a court must declare the rights of the parties, “before an arbitrator can determine the extent of liability of the alleged underinsured or uninsured motorist and the extent of defendant Duebbert’s claimed injuries.”