United States District Court, W.D. Kentucky, Bowling Green Division
CERTAIN UNDERWRITERS AT LLOYD'S, LONDON Subscribing to Policy No. NAC050614-1-NTL5-150226-4 PLAINTIFFS
EUGENE C. MORROW, Individually and as Personal Representative For the Estate of MARGARET E. MORROW, Deceased; HORIZON TRANSPORT, INC.; KLAUS BERMEL-SCHANZ; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; SCOTTSDALE INDEMNITY COMPANY; AND ALFA MUTUAL INSURANCE COMPANY DEFENDANTS CIVIL ACTION NO. 1
MEMORANDUM, OPINION, AND ORDER
Brent Brennenstuhl, United States Magistrate Judge
the Court are two related motions. DN 78 is the motion of
Defendant Klaus Bermel-Schanz to quash a subpoena issued by
Defendant Eugene C. Morrow to non-party Brown & Brown of
Ohio, LLC. DN 80 is a similar motion to quash by Defendant
Horizon Transport, Inc.
of the Case
an action for declaratory judgment under 28 U.S.C., §
2201 as to whether Plaintiff has insurance coverage
obligating it to defend or indemnify Bermel-Schanz against
claims arising from a motor vehicle accident. That accident
is the subject of a wrongful death lawsuit also pending in
this court. See Civil Action No. 1:16-CV-00158-JHM-HBB. The
policy in question is a “Non-Trucking Liability
Policy” under which only Bermel-Schanz is insured.
contends that the policy only provides coverage for personal
use of a vehicle, and coverage is not provided for use of the
vehicle while in the business of, or furthering the business
of, a motor carrier. Plaintiff contends that, at the time of
the accident, Bermel-Schanz was operating the vehicle for the
benefit of and in furtherance of the business of Horizon
Transport (DN 1).
Eugene C. Morrow appears in this action individually and as
personal representative of the Estate of Margaret E. Morrow.
Morrow is also the Plaintiff in the companion wrongful death
Subpoena in Question
Morrow filed a notice of issuance of a subpoena duces tecum
(DN 70). The subpoena commands Brown & Brown of Ohio, LLC
to provide the following documents:
1. Complete copy of the entire insurance file(s) for Klaus
Bermel-Schanz from October 16, 2013 to Present.
2. All communication, documents, electronic records, emails,
faxes and file notes regarding communication with Klaus
Bermel-Schanz regarding obtaining Non-Trucking Liability
(NTL) coverage for his vehicle leased to Horizon Transport.
3. All communication, documents, electronic records, emails,
faxes and file notes regarding communication with Horizon
Transport regarding Klaus Bermel-Schanz.
4. All communication, documents, electronic records, emails,
faxes and file notes regarding communication with
Transportation Insurers, Inc. regarding Klaus Bermel-Schanz.
5. All communication, documents, electronic records, emails,
faxes and file notes regarding communication with National
Driver Association regarding Klaus Bermel-Schanz.
6. All documents regarding how many Non-Trucking Liability
policies that Brown & Brown of Ohio secured for
individuals who had lease agreements with Horizon Transport