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London v. Morrow

United States District Court, W.D. Kentucky, Bowling Green Division

October 6, 2017

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON Subscribing to Policy No. NAC050614-1-NTL5-150226-4 PLAINTIFFS
v.
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

          H. Brent Brennenstuhl, United States Magistrate Judge

         Before 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.

         Nature of the Case

         This is 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.

         Plaintiff 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).

         Defendant 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 action.

         The Subpoena in Question

         Defendant 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 ...

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