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Driskell v. Empire Fire and Marine Ins. Co.

Motor carrier had coverage for vehicles not listed in its insurance policy under a Form F endorsement which was required by law, so insurer had a duty to defend the motor carrier in a lawsuit involving one of its unlisted vehicles.

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This lawsuit arises from a collision involving a vehicle owned by Metro Courier, Inc., a motor carrier. For injuries sustained in the collision, Edmund and Christine Harris obtained a $3,150,000 judgment against Metro. In their individual capacities and as assignees of Metro, the Harrises brought this suit to collect part or all of the judgment from Empire Fire and Marine Insurance Company, Metro’s liability insurer. Edmund Harris died during the pendency of this litigation, and Toni Driskell, the administratrix of his estate, was substituted as a party plaintiff.

Is Empire chargeable with breach of duty by reason of its refusal to defend Metro in the underlying action or with bad faith in failing to settle the action If so, what are the damages Is Empire’s liability in this action limited to the $1,000,000 in coverage provided by Metro’s insurance policy or to the $200,000 in coverage required by Georgia law, or may Empire be held liable for the entire $3,150,000 judgment Did the enactment of federal legislation preempt the state law mandating minimum insurance coverage These are the primary issues raised.

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