Hudson Specialty Ins. Co. v. Tygr, LLC, et al., No. 13-1742 (8th Cir. 2014)
Annotate this CaseHudson filed suit seeking a declaratory judgment that the Hired and Non-Owned Auto Liability endorsement to an insurance policy's Commercial General Liability Coverage Form provides no coverage to any defendant in the underlying lawsuit. The district court granted summary judgment to defendants. Hudson appealed. Defendants cross-appealed an earlier ruling that Hudson is not collaterally estopped to contest coverage by the state court judgment. In appeal No. 13-1688, the court concluded that Hudson is entitled to summary judgment on the coverage issue where, at the time of the accident, defendant Tyler Roush was not acting in the course of defendant Brash Tygr's business within the meaning of the Policy's Hired and Non-Owned Auto Liability endorsement. In appeal No. 13-1742, the court affirmed the judgment and dismissed the cross-appeal, concluding that defendants' cross-appeal is an alternative argument in support of the district court's decision. On the merits, the district court correctly ruled that defendants are not entitled to summary judgment on the basis of collateral estoppel.
Court Description: Civil case - Insurance. The district court erred when it determined that the driver of a non-company owned vehicle was acting in the course of defendant's business when he struck a pedestrian as he was not acting on the defendant's business as a matter of law, and the insurer was entitled to summary judgment on the coverage issue; defendants' cross-appeal is an alternative argument in support of the district court's decision and is an unnecessary complication of the case; the cross-appeal is dismissed; in any event, the district court did not err in determining that defendants were entitled to summary judgment based on a collateral estoppel theory. Judge Bye, concurring in part and dissenting in part.
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