Safeway Insurance Company v. Ebijimi

Following years of correspondence between the parties regarding the defendant policyholder’s claim for uninsured motorist coverage that she filed after he daughter was struck by a car, the plaintiff insurance company filed an action for declaration of no coverage. The plaintiff argued that defendant had not filed the proper forms and the circuit court entered judgment in the insurance company’s favor. On appeal, the defendant asserted numerous claims of error, including that it was an abuse of discretion for the trial court to bar the testimony of plaintiff’s attorney concerning conversations he had with representatives of the plaintiff as a sanction for his conduct at trial. The appellate court agreed that the sanction was an abuse of discretion, but affirmed after finding that it did not prejudice the defendant and that their offer of proof made it clear that the testimony would not have proven their claim that the insurance company was estopped from denying coverage. (ODEN JOHNSON and TAILOR, concurring)