EAST ST. LOUIS — The insurance provider for a tree trimming company that allegedly ran over a woman with a truck and wood chipper claims it has no duty to defend.
Atain Speciality Insurance Company filed a complaint April 26 in the U.S. District Court for the Southern District of Illinois East St. Louis Division against James Hodge, doing business as Riverbend Tree Service, and Bailey Watson, alleging no duty to defend or indemnify.
According to Atain's complaint, Watson filed a suit on March 17, 2021, against Riverbend and Hodge after she suffered injuries in August 2020. Watson alleges Hodge ran over her with his truck and attached wood chipper. Atain alleges it issued a policy to Hodge and Riverbend Tree Services with coverage provided between April 20, 2020, and April 20, 2021. Atain claims the "policy includes error and omissions" coverage with limits of "$1 million 'each claim' and $2 million in the aggregate." The plaintiff alleges the Watson's lawsuit is not regarding "conduct that constitutes 'damages' as a result of an 'error or omission," and that the tree truck and wood chipper that allegedly struck Watson "qualifies as an 'auto' under the Atain policy." Atain further alleges it has no duty to defend in the lawsuit.
Atain seeks compensation of more than $75,000, plus interest and all other proper relief. They are represented by David Brown and Jamie Hull of Kaufman Dolowich & Voluck LLP in Chicago.
U.S. District Court for the Southern District of Illinois East St. Louis Division case number 3:21-CV-00415-RJD