Westfield Insurance Co. v. Carolina Casualty Insurance Co., No. 20-2103 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment in favor of Westfield Insurance in an action seeking a declaratory judgment that it owed no obligations to Advanced Auto, Advanced Auto's employee, or their insurer, Carolina Casualty. The court agreed with the district court that neither the employee nor Advanced Auto was an "insured" under the policy that Westfield Insurance issued to Westfield Insurance's insured, Worldwide. In this case, when Worldwide turned over the truck to McNeilus, Worldwide had no control over who was driving the truck until McNeilus finished its work and returned the truck to Worldwide.
Court Description: [Colloton, Author, with Gruender and Grasz, Circuit Judges] Civil case - Insurance. Under the facts of the case, the insureds were not covered for the accident in question because the activity in which they were engaged at the time the accident occurred fell within a provision which excluded coverage for someone using an otherwise covered vehicle while he or she is working in a business of selling, servicing or repairing autos; an exception to the exclusion for work done as part of the owner's "garage operations" did not apply.
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