SirMyron Birks-Russell died following a tragic accident as he unloaded a tractor-trailer on Tarango Trucking’s property. Birks-Russell’s survivors sued Tarango and his employer, WS Excavation. Penn-America, which held Tarango’s commercial liability policy, defended Tarango but reserved the right to contest coverage which it did. Penn-America argued that the policy’s “Auto Exclusion” negated coverage. Tarango countered that the “Parking Exception” restored coverage. Following a magistrate judge’s recommendation, the district court granted Penn-America’s motion for summary judgment. Tarango appealed. The Fifth Circuit Court of Appeals reversed the district court’s decision finding the “Parking Exception” did apply. Read the full case here: https://www.ca5.uscourts.gov/opinions/pub/21/21-10749-CV0.pdf

The attorneys at Webb Sanders & Williams have experience resolving insurance disputes for both the insurer and their insured. If you need assistance regarding an insurance case, contact our office at 662-844-2137 or by fax at 662-842-3863.