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Friday, November 20, 2009

Conn. Supreme Court Allows Truck Owner to Sue Insurance Company

The Connecticut Supreme Court ruled that David Wilcox and his son Shaun can bring their lawsuit against Acadia Insurance in relation to a denied pay-out for a 2005 truck accident. The decision overturned a trial court's 2007 dismissal of the lawsuit.

Four people died and eleven people were injured in the 2005 truck accident at Avon Mountain. It occurred when the truck driver lost control of the vehicle and ran into a line of cars traveling as part of the morning commute. The crash was caused by poor truck maintenance and truck driver inexperience.

Wilcox is the owner of American Crushing and Recycling, the company that owns the truck responsible for the accident. He and his son are claiming that Acadia Insurance improperly refused to honor their $3 million insurance policy. Acadia insists that Wilcox let the coverage lapse prior to the accident.

The case will now return to the lower court to determine the whether or not Wilcox's insurance policy had lapsed. His lawyers plan to bring evidence showing that Acadia issued documentation confirming his policy was valid days before the accident.

If the lower court determines that the insurance policy was in effect, the truck accident victims will be able to file claims against Acadia for compensation for damages suffered in the accident. However, if the policy is ruled to have lapsed, then Wilcox will be deemed an uninsured motorist, and accident victims will be forced to file claims with their own insurance companies. Hopefully, their uninsured motorist coverage will fully compensate them for their losses.

If you have been the victim of a truck accident caused by an uninsured motorist, the experienced personal injury lawyers at The Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

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posted by Benjamin A. Irwin at 10:49 AM

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