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Dalglish v. Transportation Insurance Company

May 3, 2005

2005 WL 2640978 (11th Circuit Court of Appeals 2005). On May 3, 2005, Dave Root was affirmed on appeal by the 11th Circuit Court of Appeals on their summary judgment for a commercial insurer in a $4.5 million third-party bad faith suit. Dave argued that the plaintiff, an injured third party who had obtained a default judgment against another driver, was barred from seeking satisfaction of the judgment from that driver’s employer’s insurer. At the time of the accident, the driver was operating her employer’s vehicle which was insured under a business auto policy, however, the driver was specifically excluded from the policy. Plaintiff’s counsel asserted that because the named driver exclusion was not signed it was not enforceable. The 11th Circuit held that the named driver exclusion was clear and unambiguous and enforceable under Georgia law.

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