![]() ![]() Although TICO Insurance Company denies that liability insurance coverage is owed to William March in connection with the Apaccident, it does not dispute the fact that its policyholder, Advanced Concrete & Construction, Inc. TICO Insurance Company has also provided a defense through separate counsel to its policyholder, Advanced Concrete & Construction, Inc. TICO Insurance Company has provided a defense to William March in those underlying cases subject to a reservation of rights, reserving the right to discontinue that defense, or to disclaim coverage in connection with any resulting verdict or judgment.ġ9. Whiskey Dick's Bar & Grill, DiPerzio's, Inc., Advanced Concrete & Construction and William March, C.P. Since this action has been filed, two additional underlying actions were filed, Joseph McKeon v. and William March, both in the Court of Common Pleas of Philadelphia County, Nos. When this declaratory judgment action was filed, the underlying litigation consisted of two lawsuits captioned, Joseph McKeon v. Both Joseph McKeon and Lisa Ricci have filed civil actions against William March seeking damages for the bodily injuries which they suffered as a result of the accident on April 11, 1999.ġ6. At the time of the accident, William March was operating the 1986 GMC pickup truck while he was intoxicated and *445 while his blood alcohol level was in excess of the legal limit.ġ5. but was instead operating the 1986 GMC pickup truck for his own, personal use.ġ4. At the time of the accident, William March was not working for or on behalf of Advanced Concrete & Construction, Inc. William March subsequently pled guilty to the charges of Felony Assault, Leaving the Scene of an Accident and Driving Under the Influence which had been levied against him as a result of the Apaccident.ġ3. William March was found by the Division of Toxicology of MCP Hahnemann University Hospital to have had a whole blood concentration of ethyl alcohol in grams per deciliter of 0.142 or 0.142 grams % and 2.0 nanograms per milliter of the main psychoactive compound found in marijuana at or about the time of the accident.ġ2. He was apprehended by the Philadelphia police a short distance away and was charged with the offenses of Driving Under the Influence, Leaving the Scene of an Accident and Felony Assault.ġ1. March fled the scene, believing that he had merely struck a curb. McKeon suffered severe personal injuries as a result of the accident.ġ0. Lisa Ricci was a passenger on the motorcycle at the time of the collision and both she and Mr. March was driving collided with a motorcycle which was owned and operated by Joseph McKeon at the intersection of Main Street and Green Lane in Manayunk. on April 11, 1999, the 1986 GMC pickup truck which Mr. ![]() on Apafter having consumed some six pints of beer over a four-hour period.ĩ. March left the bar to return home at approximately 12:30 a.m. ![]() On the night of April 10, 1999, William March drove the 1986 GMC pickup truck to a bar known as "Whiskey Dick's" in the Manayunk section of Philadelphia. Conseal's statement to mean that he was not to use the truck when he was intoxicated.Ĩ. March was warned by Advanced Concrete's Foreman, Samuel Conseal, "not to get sloppy drunk and drive it around." Mr. At the time he was given the 1986 truck to drive, Mr. permitted William March to use its 1986 GMC pickup truck primarily for transportation to and from work. In December, 1998, Advanced Concrete & Construction, Inc. for that period between Decemto Decemcovering several vehicles which Advanced owned, including a 1986 GMC Sierra pickup/utility body truck.ħ. LC0000048404 to Advanced Concrete & Construction, Inc. Plaintiff, TICO Insurance Company, issued Business Auto Policy No. from early 1998 until the summer of 1999.Ħ. William March was employed as a carpenter by Advanced Concrete & Construction, Inc. Defendant Lisa Ricci is an adult individual and citizen of the Commonwealth of Pennsylvania whose last known address is 438 East Ninth Avenue, Conshohocken, PA, 19428.ĥ. Defendant Joseph McKeon is an adult individual and citizen of the Commonwealth of Pennsylvania whose last known address is 201 Maple Avenue, Conshohocken, PA, 19428.Ĥ. Defendant William March is an adult individual and citizen of the Commonwealth of Pennsylvania whose last known address is 1215 Wells Street, Conshohocken, PA, 19428.ģ. The Plaintiff is TICO Insurance Company, an Ohio corporation with its principal place of business in Dallas, Texas. This declaratory judgment action was heard non-jury before the undersigned on Augand we therefore now make the following findings of fact and conclusions of law in accordance with Fed. Cirillo, Jr., Norristown, PA, for Defendant Ricci. Heller, Litvin, Blumberg, Matusow and Young, Philadelphia, PA, for Defendant McKeon. Gallogly, Margolis, Edelstein & Scherlis, Philadelphia, PA, for Plaintiff. William MARCH, Joseph McKeon and Lisa Ricci. ![]()
0 Comments
Leave a Reply. |