Justin L. Thurman v. Justin E. Harkins, et al.

This case involves a question of whether an insurance policy covers the injuries sustained by the plaintiff under the facts of this case. The original suit filed by plaintiff against Justin Harkins, Andrew Keon, and James Keon was settled out of court, leaving Great River Insurance Company, an unnamed defendant. After granting the plaintiff’s motion for declaratory and partial summary judgment on whether the plaintiff was a covered insured under the policy, the parties agreed to send the matter to arbitration. The arbitrator returned an award in favor of the plaintiff, and the trial court confirmed the award but reduced the amount, accounting for the insurance policy’s limit. The trial court also awarded the plaintiff pre-judgment interest but stated that the total award to the plaintiff could not exceed the limit in the insurance policy. Great River Insurance Company appealed to this Court, and the plaintiff filed a cross-appeal. For the following reasons, we affirm.