BENTON – Insurance that LaJavion Ramsey of Belleville bought after a collision that killed a person and injured nine didn’t cover anyone, U.S. Magistrate Judge Reona ruled on Dec. 12.
She found Esurance Insurance Services didn’t owe duties to defend Ramsey or indemnify other parties in the collision.
She also found they all defaulted by failing to answer a coverage complaint that Esurance filed two years ago.
She issued the ruling as a recommendation, stating that only a district judge could enter an order.
The court clerk assigned the matter to District Judge David Dugan.
Ramsey drove a 2014 Dodge Charger on Washington Avenue in St. Louis around 2:30 a.m. on Aug. 17, 2020.
He accelerated to 40 or 50 miles an hour.
A Silverado truck with a bed full of passengers pulled in front of him and the collision threw the passengers into the avenue.
Sierra Ward-Micke of De Soto, Mo., suffered fatal injuries.
Her parents Terri and Donald Arnett suffered injuries.
Alexis Hill of De Soto, Da-Mon Perkins and Nicholas Smith of St. Louis, Terrion Carter-Smith of Minnesota, Faith Stubblefield of St. Charles, and Silverado driver William Rankin of Bonne Terre, Mo. also suffered injuries.
Ramsey purchased insurance online at 4:51 p.m. that day, according to a complaint Esurance filed for declaratory judgment on Dec. 31, 2020.
Esurance counsel Beth Boggs of Olivette, Mo. claimed most defendants contacted Ramsey through counsel about claims for damages.
“The Ramsey policy was purchased over 12 hours after the subject accident and was not in force at the time of the loss,” she wrote.
She served the complaint on the Arnetts, Rankin, and Hill, but they didn’t answer.
James Lemonds of Brown and Croupen in St. Louis entered an appearance for Perkins, Carter-Smith, and Stubblefield but didn’t answer.
Boggs told Daly she couldn’t locate Ramsey, Perkins, Carter-Smith, or Stubblefield for service of process.
Daly granted a series of extensions and Boggs served Ramsey in September 2021, Carter-Smith and Stubblefield in November, and Smith in December.
Boggs moved for entries of default as deadlines for answers passed.
This July, Daly set a July 25 deadline for Boggs to show why she should enter default judgment against Perkins without proper service.
Boggs responded that she located Perkins with private investigators and supplemental resources and served him on July 24.
She claimed Esurance proceeded with caution in serving him because he had outstanding warrants noting he was armed and dangerous.
In September she moved for default judgment against all defendants.
Daly couldn’t resolve the motion because a magistrate can’t preside over a case until all parties consent.
She stated she’d issue a report and recommendation for a district judge.
“As a preliminary matter the court finds the procedural requirements for default judgment have been met,” she wrote.
“When a defendant is found in default, all factual allegations in the complaint are deemed admitted and not subject to challenge.”
She found that with regard to substance, an insurer may refuse to defend if a policyholder fails to bring a claim within the coverage of the policy.
She gave the parties 14 days to file objections.