BENTON – State Auto Property and Casualty sued Olympic Pools and employee Charles Robinson on July 27, for judgment that its policy didn’t cover Robinson on his way home in a van he didn’t insure.
State Auto counsel Marc Chemers of Chicago sought reimbursement for legal fees it has paid in a crash suit at Williamson County court.
He claimed Robinson didn’t use his 1992 GMC Rally Wagon in the business of Olympic Pools and didn’t lease, hire, or rent the wagon to Olympic Pools.
The wagon and a Freightliner that Harold Cain drove for local trucker Thomason Transportation collided in Marion in 2020.
Local lawyer Nick Brown sued Robinson and Olympic Pools this June, on behalf of Cain and Thomason Transportation.
He sought recovery for Cain’s injuries and the Freightliner’s loss of value.
He claimed Robinson ran a red light in the course and scope of his employment.
Robinson applied for defense, according to State Auto’s complaint, and State Auto agreed to provide it under a reservation of rights.
Chemers wrote that State Auto sent Robinson a letter advising that there might be no coverage and if so, State Auto would seek reimbursement.
He wrote that Robinson denied State Auto’s contentions and contended that State Auto had a duty to defend him.
He wrote that an actual and justiciable controversy existed and the court had power to adjudicate rights and liabilities.
The court clerk randomly assigned Senior District Judge Phil Gilbert.