EAST ST. LOUIS — An insurance provider claims it has no duty to defend in a wrongful death suit involving a worker who was electrocuted at its policy holder's job site.
State Auto Property & Casualty Insurance Company filed a complaint April 22 in the U.S. District Court for the Southern District of Illinois against Rodney Jackson, Shores Builders Inc., and Rodney Smith, as special administrator of the Estate of Matthew Smith, deceased, alleging no duty to defend.
According to State Auto's complaint, Jackson and Shores are named as defendants in a wrongful death claim where Matthew Smith's estate seeks damages from Jackson. The case, according to State Auto's suit, alleges Jackson was negligent when Matthew Smith was electrocuted at a job site while under the defendant's supervision.
State Auto alleges in its suit that Jackson claims to be insured under its policy issued to Rockbranch Ironworks Inc. However, the insurer claims Jackson was not an employee of Rockbranch and was only volunteering in a "supervisory position" at the job site.
State Auto further alleges it does not have a duty to defend Jackson. It also alleges that its policy "excludes coverage for claims of bodily injury" and "at the time of the incident, Smith’s decedent, an employee of Rockbranch, and Jackson, an alleged volunteer, were each acting at the direction of Rockbranch as principal, and each were acting within the scope of duties determined by Rockbranch for each at the project."
State Auto seeks compensation of more than $75,000 and all other just relief. It is represented by Robert Chemers of Pretzel & Stouffer, Chartered in Chicago.
U.S. District Court for the Southern District of Illinois case number 3:21-CV-00405-RJD