Defelice Industries, Inc. v. Harris

SCHOTT, Chief Judge.

This is a claim for damages by an insured, Ernest J. Harris, against his insurer, Underwriters at Lloyd’s, London, for damages allegedly sustained by Harris as a result of the failure of the Underwriters to pay Harris for the loss of his truck and trailer. The issue is whether an insured has a cause of action for damages against his vehicle physical damage insurer beyond the policy limits and statutory penalties and attorney fees. From a judgment dismissing his claim for such damages Harris has appealed.

Harris leased the truck and trailer from Defelice Industries,…