Appellate Court Rules Against Injury Victim

by brettb on January 12, 2010

Suppose you are a bus driver in San Francisco or anywhere in California.  And let’s also suppose that you are injured, even killed, when your seat brakes loose during an accident.  Bus Driver Killed And Family Files California Wrongful Death Action

Shouldn’t you or your family (who would want to bring a wrongful death action) be able to assume that the bus company’s general lability insurance policy would cover you for your injuries?  NO!  Or at least that is what the Second District Court of Appeal in California has said when it recently decided in favor of an insurance company and against the family of an injury victim.

The case is Baker v. National Interstate Insurance Company and the appellate court along with the insurance company just wiped out a wrongful death verdict and judgment obtained by the family of a bus driver who was killed when her seat broke loose.

The exclusion clause is written into most general liability policies to escape general liability and is known as a ‘products and completed operations’ exclusion.’

The decision is simply wrong and harms policy holders, injury victims, and California families.

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