Gear Automotive v. Wilshire Ins. Co., No. 12-2446 (8th Cir. 2013)
Annotate this CaseGear Automotive appealed from the district court's grant of summary judgment in favor of its insurer. Gear Automotive's sole owner suffered an injury that resulted in substantial medical and disability loss. Gear Automotive subsequently sought coverage from its insurer for the owner's injuries. The court concluded that the owner was an employee for purposes of employing the Employee exclusion and that the owner's injury arose out of and in the course of his employment with Gear Automotive. Because the undisputed facts established both elements of the Employee exclusion, Gear Automotive was not entitled to coverage. Ultimately, the owner, as an employee, attempted to recover under a policy of insurance that was not intended to cover Gear Automotive's liability to its employees. Accordingly, the court affirmed the district court's grant of summary judgment.
Court Description: Civil case - Insurance. At the time Robert Gear was injured, he was an employee of the insured and was excluded from coverage by the employee exclusion provision of the policy in question because his injury arose out of and in the course of his employment.
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