Insurance company asserts it has no duty to defend trucking company in wrongful death case

An insurance company that claims it has no duty to defend a trucking company named in a wrongful death lawsuit has asked a judge to weigh in.

Colony Insurance Co. filed a complaint for declaratory judgment on Nov. 3 in Cook County Circuit Court against RNR Trucking Inc., of Shorewood, and Melissa Humbert, as administrator of the Estate of Patricia Humbert.

Humbert in August lodged a wrongful death lawsuit against RNR Trucking, alleging that its negligent activity during street construction led to the death of Patricia Humbert as it failed to block off the construction area, level the curb with the street and provide her with a safe means of getting in and out of her driveway.

In its complaint, Colony Insurance Co. asserts it has no duty to defend the company because its insurance policy covers RNR Trucking for injuries caused by drivers, but not for negligent activity on construction sites.

The insurance company is asking a judge to delare it has no duty to defend, indemnify or reimburse RNR Trucking in the wrongful death suit. It is represented by James K. Horstman and Anthony M. Sam of Cray Huber Horstman Heil & VanAusdal LLC in Chicago.

Cook County Circuit Court case number: 2014CH17764.

This is a report on a civil lawsuit filed at Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.