Zurich American Insurance v. Tolbert

I respectfully dissent from the majority’s opinion and would reverse the court of appeals’ decision finding Tony Tolbert and Tonesha Tolbert’s (Respondents) affidavit creates a genuine issue of material fact sufficient to survive Zurich American Insurance Company’s (Petitioner) motion for summary judgment.

Tony Tolbert (Tolbert), a BMW employee, leased a 2003 BMW 325(BMW) as part of a lease program for BMW employees. Petitioner issued a business automobile insurance policy (Policy) to BMW which provided underinsured (UIM) coverage to the leasing employees in certain circumstances.

On a Saturday…