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RLI Insurance Company v. Duncan

The trial court erred in denying excess insurer's motion to dismiss it from plaintiff's suit arising out of an automobile accident, because excess insurer was not a proper party.

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Phipps, Senior Appellate Judge.After an accident in which plaintiff Eric Duncan was injured, he sued William Wood, the driver of the tractor-trailer also involved; the driver’s employer, Stan Koch & Sons Trucking, Inc.; and the trucking company’s excess insurer, RLI Insurance Company. RLI then moved to dismiss Duncan’s complaint on the ground that as Koch Trucking’s excess insurer, it was not a proper party. The trial court denied the motion, reasoning that Koch Trucking’s failure to register as self-insured with any governmental federal agency rendered RLI the trucking company’s insurer. On appeal, RLI again asserts that as an excess insurer, it is not a proper party to Duncan’s suit. We agree and reverse.   A motion to dismiss should be granted when the complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of his claim. On appeal, we review the trial court’s ruling on a motion to dismiss de novo.

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