July 29, 2014 5:35 PM ET

Insurance

Company Overview of Continental Western Insurance Company

Company Overview

Continental Western Insurance Company operates as a subsidiary of Berkley Regional Insurance Company.

11201 Douglas Avenue

PO Box 1594

Urbandale, IA 50322

United States

Key Executives for Continental Western Insurance Company

Continental Western Insurance Company does not have any Key Executives recorded.

Continental Western Insurance Company Key Developments

The Insureds Files Case Against Continental Western Insurance Company

The Missouri Court of Appeals held that an insurer had no duty to defend its insureds in an action arising out of the insureds' wrongful repossession of an automobile. Franklin Quick Cash L.L.C. and Ken and Janet Allen twice repossessed Stephanie Whipple's vehicle. Thereafter, Whipple filed a petition against Quick Cash and Ken alleging two counts of conversion and two counts of negligence (underlying action). The insureds' commercial general liability insurer, Continental Western Insurance Company, offered no legal assistance in defending the underlying action because the damages Whipple sought were not covered by the insurance policy. The trial court granted Ken's motion to dismiss for failure to state a claim upon which relief could be granted. The appeals court affirmed the trial court's dismissal of Whipple's negligence claims, but reversed the dismissal of Whipple's conversion claims. Subsequently, the insureds sued Continental Western, seeking damages for Continental Western's failure to provide a defense for the insureds in the underlying action. After competing motions for summary judgment were filed, the trial court granted the insureds' motion, finding Continental Western owed a duty to the insureds to defend the underlying action and ordered it to pay damages in the amount of $45,904. Continental Western appealed. The appeals court reversed the trial court's judgment and remanded the case. The plain and unambiguous language of the insurance policy required there be a suit seeking to recover "property damage" caused by an "occurrence." The allegations pleaded in the underlying action could not be construed as an occurrence. Thus, Continental Western had no duty to defend the insureds in the underlying action as there was no potential or possible coverage afforded by the insurance policy.

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