PORTLAND, Maine — The Maine Supreme Judicial Court ruled Thursday that an insurance provider isn’t obligated to pay for damages caused by a company driver getting out of his vehicle and attacking another driver.
In its seven-page decision, the state’s high court affirmed the lower court ruling that The Travelers Indemnity Co. is not on the hook to cover the Sept. 3, 2007, actions of Michael Bryant, who got out of his truck at an intersection and began repeatedly striking the head and chest of Francis Latanowich, who was driving the car ahead of him.
According to court documents, Bryant was traveling with his son on Route 85 near Raymond when, at an intersection, he approached Latanowich’s car and attacked him “to set him straight.”
“Bryant struck Latanowich … because he ‘wanted [him] to know’ that his driving had put other drivers, including Bryant, at risk,” wrote Chief Justice Leigh Saufley in the court’s decision.
But the road rage was not covered in the insurance policy.
According to the decision, Travelers provided insurance to Prime Cut Meat Market, the Raymond-based company of which Bryant was co-owner. Although there were Prime Cut decals on the truck, it was owned and registered by Bryant individually, and the court ruled that beating on another driver is not part of his job responsibilities with Prime Cut, thus taking the activity outside of the purview of the company policy.
In the aftermath of the incident, Latanowich and his wife sued Bryant, Prime Cut and their own auto insurance company for, among other things, assault and battery and negligent infliction of emotional distress. Prime Cut was awarded a summary judgment, the Latanowiches agreed to a partial dismissal with Commerce Insurance Co. and reached a settlement with Bryant, including an agreement by Bryant to turn over his insurance rights to the couple.
With the Supreme Judicial Court’s ruling Thursday, those rights are moot.
If only he had included beating the hell out of random motorist in the job description of the company handbook, he would have been covered.
Oh great. That should empower every bully out there who drives a truck for a living.
Uhhh… no. This means that they would be PERSONALLY liable for any damages and could be sued as individuals for their own assets, instead of having the insurance company indemnify them for their actions. So, Latanowich could sue Bryant, and Bryant’s insurance company would tell him “you’re on your own, dude,” and Latanowich’s judgment against Bryant would be paid out of Bryant’s assets.
Now, if Bryant were indigent, that would suck for Latanowich, but it seems like the guy has some assets.
Hmm, yeah, I don’t recall ever seeing an auto insurance policy that covers acting like an a-hole.
great shock corrupt sawfly supports insurance industry at the expense of the injuured
Nothing like someone trying to cash in without hitting the numbers. Bryant should be in jail for assault and battery, should pick up the medical costs, should be fined, and perhaps pay some amount for distress but not the seven figure jackpot Latanowich was seeking.
How do you know the seven figure number?
Chumby wrote the script…did you get a copy?
Sounds like the victim got screwed.
Companies must realize that those decals on the side of the vehicle is advertising for your company — anyone driving that vehicle must decide whether that advertisement will be positive or negative. Who knows what transpired on the road here but nothing would justify assault – if something severe occurred, police are easy to reach with the popularity of cell phones these days.
Another win by the insurance company, whose goal is to bring in the maximum amount of money to provide coverage for as little as possible.
Read Obamacare !
Oh stop!!! Obama has nothing to do with this. Geez! This is clearly a GOP set of laws made to maximize profit at the expense of the consumer. Want to know why you are poor Poormaniac? Because of the GOP and their unregulated free market laws along with tax loopholes. That’s why.
well said
The article has everything to do with rising insurance rates.
dumb comment, has nothing to do with this article
I guess that you don’t have any insurance on your life or property. That would make you a hypocrite.
I am guessing that he was in his pick-up with decals on the side, going door to door and selling steaks, not a commercial vehicle. More details would have been nice. Maybe the guy was driving like the road belonged to him and needed a tune up.
He really taught him a lesson……his son that is….
At least he didnt shoot him.
Let me take a wild guess here.
Was Latanowich from Mass?
Yes he is. Know him personally. He is a money hungry slimy snake. Can’t get any lower than him
Anything to make a buck off of someone else!