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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ACE Unit Sues to Avoid Liability on Special Olympian Death

March 21st, 2013 - Indemnity Insurance Co. of North America has gone to court in an effort to get a declaration that it owes no defense to an Illinois couple over an accident on their property that left a man dead.

The ACE Group had sold a farmowner’s liability policy to Brian and Marni Bradshaw with a coverage period of December 15th, 2010, to December 15th, 2011.

Marc Rumple sued Brian and Marni Bradshaw and Liquid Gold Applicators LLC, among others, in a separate court action on behalf of the estate of Eric Rumple. The 45-year-old Special Olympian was killed early on February 7th, 2011, when a large overhead door closed on him at what is known as the Old Tate Cheese Factory. It was owned by the Bradshaws.

After they were sued by Marc Rumple, Brian and Marni Bradshaw made a demand to Indemnity to defend them. Indemnity accepted that tender subject to reservation. Liquid Gold also tendered a defense, which was denied on the grounds that it was not an insured party. The lawsuit did not state the relation of Liquid Gold to the Bradshaws, other than to say that Brian Bradshaw was a member of it.

Indemnity asked the court to declare it has no duty to defend the Bradshaws because the claims in the underlying action do not involve “bodily injury” or “property damages” as those terms are defined in the policy. Further, it said that the claims in the underlying action do not involve “personal and advertising injury” as defined in the policy.

Indemnity also said in its lawsuit that the location of the accident was not scheduled on the policy until nearly a month after Rumple’s death.

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Please note that article images are for illustrative purposes only. Images do not necessarily depict the actual facts, events, or people discussed in this story.