Page 1 - Frye Claims

A Publication of Frye Claims Consultation & Administration
SEPTEMBER 2010
FRYEdayReport NewsFlash
CAB DRIVER'S FAMILY NOT ENTITLED TO UNINSURED MOTORIST COVERAGE IN CARJACKING
T
he estate of a cab driver who was killed
during a carjacking is not entitled to
uninsured motorist coverage benefits because the
carjacker was not considered an
“operator” of the cab, the Court
of Appeals of Oregon ruled.
According to Svetlana Rogozhnikov
v Essex Insurance Co. and TSB
Acquisitions dba Broadway Cab Co.,
in February 2003, Grigory
Rogozhnikov was driving his cab
as an independent contractor for
Broadway Cab LLC, when he
picked up a passenger who
eventually shot him and drove
off. Rogozhnikov died of the gunshot wounds.
At the time of the shooting, Rogozhnikov was
insured under an automobile policy that Essex
Insurance Co. had issued to Broadway. Broadway
was self-insured for the first $200,000 of
uninsured motorist benefits that it owed, with
Essex providing excess coverage.
study analyzing the driving
behaviors and habits of
several major metropolitan areas
concluded
that
Miami,
Fla., has
the least
courteous
drivers in
the
country,
while
Portland,
Ore., has
the most
courteous. The study, “In the
Driver's Seat: Road Rage Survey,”
was commissioned for the second
year in a row by AutoVantage, a
national auto club.
Miami, who also topped the leastcourteous list in 2006, was
followed this year by New York,
Boston, Los Angeles, and
Washington, D.C., respectively.
Meanwhile Phoenix, which ranked
second in rudeness in 2006, was
left off the 2007 list.
The plaintiff appealed, arguing that the carjacker
became an “operator” of the cab when he put a
gun to the cab driver's head, thereby “exercising
constructive control over the vehicle” directing
the cab driver's actions.
Rogozhnikov's estate filed a
declaratory judgment action
seeking UM benefits under the
Essex policy, noting that the UM
status provides, “The insurer will
pay all sums which the insured . .
. shall be legally entitled to
recover as general and special
damages from the owner or
operator of an uninsured vehicle
because of bodily injury
sustained by the insured caused
by accident and arising out of the ownership,
maintenance or use of such insured vehicle.”
Thus, the Appeals Court said the trial court did
not err in granting summary judgment for the
defendants.
The trial court granted summary judgment for the
defendants on the ground that the cab was not an
For information, visit
www.publications.ojd.state.or.us/A133503.htm.
ROAD RAGE MOST POPULAR IN MIAMI
A
uninsured vehicle because it was insured under a
policy issued by Essex.
bad/careless/crazy and/or rude
driving, cutting into lanes, cutting
people off, tailgating, speeding
and/or honking.
The survey's results also showed
that driving too fast, tailgating, and
cutting over without notice topped
the list of behaviors that would
most likely provoke a reaction
from other drivers. Those polled
believed that increasing police
presence, limiting cell phone usage,
implementing camera systems to
catch offenders, and a public
awareness campaign could reduce
instances of road rage.
The study also found regional
tendencies amongst its results. For
What was the survey's definition
example, cutting over without
of road rage? The authors
notice was most common in New
concluded that there are two
York, while tailgating was a
important attributes. The first was frequent behavior in Phoenix. In
angry or upset drivers, including
Miami, slamming on the brakes
out-of-control drivers and drivers
and running red lights were seen
who lose their temper. Second, bad most often.
or aggressive driving, including
However, the appeals court concluded that the
term “operator, in the context of automobile
insurance and statutes addressing the operation
of motor vehicles . . . means a person who
exercises actual physical control over the vehicle.”
GET OUT OF MY &!#$! WAY!
D
Miami
D
New York
D
Boston
D
Los Angeles
D
Washington, D.C.
Comedy Corner
TOM TOLES
EXCUSE ME, THANK YOU!
C
Portland
C
Pittsburg
C
Seattle/Tacoma
C
St. Louis
C
Dallas/Ft. Worth
WHEN ADJUSTING CLAIMS IN THE
WILD WEST
DON’T BRING A
KNIFE TO A
GUN
FIGHT
HIRE FRYE TO DO IT RIGHT FOR YOU!
FRYEdayReport News
Flash
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