No Coverage under Fleet policy
In Mid-Continent v. Blutone, the question was whether a Dodge pick up truck was insured under a fleet policy issued by Mid-Continent to Blutone when it was involved in an accident. The jury found it was not covered and the 10th Circuit affirmed.
Blutone claimed it requested coverage on the truck in a 47 second telephone conversation with Mid-Continent's agent. The 10th Circuit appeared skeptical that the necessary information could have been provided in 47 seconds. The evidence was that Blutone was able to add or delete covered vehicles by notifying Mid-Continent’s agent, and that this had been routinely done without incident until this case.
Motion in Limine
Blutone wanted to submit an insurance verification card on the truck to show that there was coverage (or at least, that Blutone thought there was coverage). The court said no, but that if Blutone thought it was relevant, to let him know and he would revisit the ruling. Since Blutone never made an offer of proof, the issue was not preserved for appeal.
Jury Instructions
Blutone also wanted the jury instructed that the agent could bind Mid-Continent. But, because there was a stipulation on that issue, there was no error in not instructing the jury.
