Insurance – Commercial Auto – Tow Truck – Repossession Attempt

South Carolina Lawyers Weekly staff//April 1, 2013//

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United Financial Casualty Co. v. Butler (Lawyers Weekly No. 002-053-13, 7 pp.) (David C. Norton, J.) 2:11-cv-02897; D.S.C.

Holding: Where plaintiff issued a commercial auto policy to insure the defendant-repo men’s tow truck, plaintiff has no duty to defend or indemnify the repo men in a lawsuit filed by a homeowner after (1) the repo men came to his property to repossess someone else’s car, (2) the homeowner brandished a shotgun and told the repo men to leave, (3) the repo men called the police, and (4) the repo men sat in the insured tow truck while police tased the homeowner until he passed out.