United Financial Casualty Co. v. Ball, No. 20-1452 (4th Cir. 2022)
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Milton employees were performing work at Perry’s home. Milton’s owner authorized Perry to move Milton’s truck, which was blocking the driveway. Perry accidentally struck Ball, a Milton employee, who sustained serious injuries. Milton had a commercial automobile liability insurance policy issued by United, which provided $1 million in liability coverage to Milton and to any person using Milton’s vehicles with its permission. United sought a declaratory judgment that it had no obligation to cover Perry’s liability, based on “Worker’s Compensation” and “Employee Indemnification and Employer’s Liability” exclusions.
The district court granted United judgment, finding Ball sustained his injuries while working within the course of his employment. The court rejected Ball’s argument that West Virginia Code 33-6-31(a) required United to extend liability coverage to Perry as a permissive user of an insured automobile. The Fourth Circuit held that because Ball’s negligence claim was against a third party, rather than against his employer for workers’ compensation the exclusions did not apply. On remand, United argued that while the exclusion was unenforceable up to the $25,000 minimum liability coverage required by West Virginia law, it remained enforceable as to any amount above that statutory minimum. Ball and Perry argued that United was required to provide Perry with coverage of up to $1 million. The district court granted United summary judgment. The Fourth Circuit certified the question to the state’s highest court.
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