Insurer Axis Surplus Insurance wins case against TriStar who built a warehouse for Amazon
Insurer Axis Surplus Insurance wins case against TriStar who built a warehouse for Amazon | Insurance Business America
Insurance News
Insurer Axis Surplus Insurance wins case against TriStar who built a warehouse for Amazon
Fatal tornado-hit warehouse case gets Court of Appeals ruling over “schedule of locations” clause
Insurance News
By
Matthew Sellers
In a recent legal decision, the Eighth Circuit Court of Appeals has affirmed a lower court’s ruling in favor of Georgia-headquartered Axis Surplus Insurance Company (Axis) in its dispute with TriStar Companies LLC (TriStar). The case, originating from a tragic incident involving a tornado-hit Edwardsville Illinois warehouse developed by TriStar and occupied by Amazon, highlights the complexities and nuances of insurance policy coverage and exclusions.
Background of the case
TriStar was tasked with managing the development and construction of a warehouse in Edwardsville, Illinois. It faced a devastating blow when a tornado struck the facility on December 10, 2021. The calamity led to several deaths and injuries, subsequently triggering wrongful death and personal injury lawsuits against TriStar for alleged negligence in the warehouse’s construction. OHSA launched an investigation into the collapse, and it issued a Hazard Alert Letter to Amazon, requiring that the online giant review its severe weather emergency procedures after six contractors were fatally injured and another severely injured.
At the heart of the legal battle was whether Axis, with whom TriStar held a commercial general liability insurance policy, had a duty to defend or indemnify TriStar against the claims arising from the incident. Axis sought a declaratory judgment affirming its stance that the policy did not cover the warehouse, leading to a motion for summary judgment in its favor by the district court—a decision that TriStar appealed.
The court’s analysis and decision
The court’s analysis focused on the insurance policy’s terms, particularly the “schedule of locations”, which explicitly outlined the premises covered under the policy. The court emphasized the importance of the policy’s language, stating that coverage was limited to premises “owned, rented, or occupied” by TriStar as per the schedule. Since the warehouse was neither owned, rented, nor occupied by TriStar at the time of the tornado and was not listed in the schedule of locations, the court found no basis for coverage.
“Without the schedule of locations’ limiting language, the policy would reach an absurd result of covering an entire city. Such a reading is untenable,” wrote Circuit Judge Grasz in the judgment.
This ruling underscores the critical importance of clear, unambiguous language in insurance policies and the need for businesses to thoroughly understand the specifics of their coverage. The court’s decision not only provides a precedent for future disputes over insurance coverage limitations but also serves as a reminder of the potential gaps in coverage that businesses may face.
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