Zurich American Insurance Co. v. Cernogorsky

WELLS, Judge.

Zurich American Insurance Company appeals from a final judgment entered in favor of John Cernogorsky, the plaintiff below, after a jury trial on his claim for underinsured motorist (“UM”) coverage under a business automobile liability policy issued to his employer, The Green Companies. Zurich claims that it was entitled either to a summary judgment or a directed verdict because coverage was a legal not a factual question, and because it was entitled to a judgment as a matter of law. 1 We agree and reverse.

FACTS

On February 18, 2011, Mr. Cernogorsky was injured when struck by an…