Facts

On Sept. 1, 2002, Rick Grimsley was on-duty as a police officer. Grimsley pulled over a vehicle in a routine traffic stop. Aaron Estrada was traveling on that same road when he lost control of his car and crashed into Grimsley. The result was that Grimsley was pinned between the car he had pulled over and Estrada's car. Grimsley lost both legs from the accident. Grimsley sued Estrada and his employer, The Depot Restaurant.

The Depot, who was insured by Truck Insurance Exchange (Truck) and Mid Century Insurance Company (Mid Century), settled with Grimsley prior to trial for $2 million, their combined policy limits. Grimsley disputed the amount of The Depot's policy limits. The parties agreed that Grimsley could contest those limits in a second, independent action. In April 2007, Grimsley filed suit against Truck and Mid Century for declaratory relief on the limits issue.

PLAINTIFF'S CONTENTIONS:
Grimsley alleged that the accident was caused by Estrada's intoxication. Grimsley further alleged that The Depot was liable because it had permitted Estrada to become intoxicated while on the job.

Grimsley argued that it agreed to settle with The Depot for its policy limits, but that Truck and Mid Century misrepresented its policy limits in the settlement. Grimsley claimed that Truck and Mid Century owed him an additional $7 million. Grimsley claimed that Truck had not, as it had claimed, reduced its policy limit from $2 million to $1 million before the accident. Grimsley further claimed that his injury was persistently worsening which allowed for subsequent coverage.

DEFENDANT'S CONTENTIONS:
Truck and Mid Century claimed that $2 million was the full extent of coverage available under the policies for Grimsley's injury. They claimed that policy limits had effectively been reduced prior to the accident, that no additional money was owed due to excess policies, and that there was no subsequent coverage triggered by the nature of Grimsley's injury.

Damages

Grimsley sought $7 million, the amount he alleged he was owed under the policies.

Result

The court granted Truck and Mid Century's motion for summary judgment.

Other Information

Grimsley has filed an appeal. Plaintiff's counsel contended that the report contained inaccuracies, however, he was not able to provide comments.