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MADISON - ST. CLAIR RECORD

Friday, November 8, 2024

Insurance provider alleges no duty to defend in road rage collision

Lawsuits

EAST ST. LOUIS — An insurance provider claims it has no duty to defend a claim involving a road rage incident and an auto glass business in Highland. 

Auto-Owners Insurance Company filed a complaint March 31 in the U.S. District Court for the Southern District of Illinois against Michael Cook, Michael Schuster and Highland Auto Glass Inc.

According to Auto-Owners Insurance's complaint, it is disputing a claim, which stems from a road rage accident that took place on Oct. 4, 2019. The plaintiff alleges Cook was a passenger in a Ford van driven by Schuster. The plaintiffs allege another driver, Devin Dahmer, "rammed" his car into the vehicle occupied by Cook and Shuster and caused them to suffer injuries. 

The plaintiff alleges Dahmer had an auto liability policy with State Farm for a $100,000 limit per person and $300,000 per occurrence, which Cook and Schuster exceeded the limits of due to the extent of their injuries. Auto-Owners also alleges the Ford van was covered under a separate policy issued to Schuster.  The plaintiff claims the "Garage Liability Coverage" policy "is applicable to injury sustained while occupying a vehicle covered under Section II of the policy" and the coverage "only extends to those vehicles not owned, hired, leased, rented or registered by the insured" and that Schuster and Highland Auto Glass are both listed as owners of the van. The plaintiff alleges it has no duty to defend the defendants. 

Auto-Owners seeks monetary relief and all other proper relief. It is represented by Daniel Price and Ryan Rich of Wham & Wham Lawyers in Centralia. 

U.S. District Court for the Southern District of Illinois case number 3:21-CV-00348

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