Lancer Insurance Co, Petitioner v. Lake Shore Motor Coach Lines, Inc., et al Respondents.
Nov 10, 2016OUTCOME: The Court found that the Insurance Code applied and that the legislature intended that common law defense to negligence was repudiated and that coverage was intended.
A bus driver driving a bus carrying the Lehi H.S. band after a band competition, had a sudden incapacitating incident and lost consciousness, rolling the bus. A teacher was killed and several students ... were injured. Students sued for damages related to the accident. The question was whether they would be covered by the insurance policy when there was no "negligence" of the driver. Sections 31A-22-303(1)(a(v) and 31A-22-303(1)(b) of the insurance code mandate coverage in automobile liability policies for damages resulting from a driver's sudden incapacity, and appear to repudiate the common law defense.
