Great West Casualty Co. v. Decker, No. 19-1266 (8th Cir. 2020)
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After a truck driver filed claims against his employer's insurer to recover for an injury he suffered when loading a truck, the district court granted summary judgment in favor of the insurer.
The Eighth Circuit affirmed, holding that Minnesota law does not invalidate the insurer's "moving property exclusion." In this case, because plaintiff was not occupying, entering into, or alighting from the truck, his injury did not arise out of the "maintenance or use" of the truck. Therefore, Minnesota law did not require the insurer to cover the employer's liability.
Court Description: [Grasz, Author, with Erickson and Kobes, Circuit Judges] Civil case - Insurance. The policy's "moving property exclusion" is valid under Minnesota law.
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