Travelers Property Casualty Co. v. Moore, et al., No. 13-14413 (11th Cir. 2014)Annotate this Case
Travelers filed suit seeking a declaratory judgment that there is no coverage for and thus no duty to indemnify defendant under his employer's commercial automobile insurance policy for an incident which is the subject of underlying tort actions pending in state court. In the underlying actions, plaintiff is being sued for killing one individual and wounding another individual with a shotgun while defendant was chasing them in his employer's van as they were in the process of repossessing defendant's car. The court reversed the district court's grant of summary judgment in favor of defendants where there was no evidence from which a reasonable jury could find that defendant had his employer's permission to use its van as he did. Consequently, he was not insured under the Travelers insurance policy at issue and there can be no indemnity for him under the policy for the claims presented in the underlying state court actions. The court remanded for the district court to grant summary judgment in favor of Travelers and against defendants.