Seger v. Yorkshire Ins. (Opinion)Annotate this Case
After Randall Seger died while working on a hydraulic-lift drilling rig when it suddenly collapsed, his parents obtained a judgment against the drilling company. The drilling company then assigned its rights against the insurers to the parents, and the parents brought a Stowers action against the insurers. See G.A. Stowers Furniture Co. v. Am. Indem. Co. The court held that, because the evidence is legally insufficient to support a jury verdict to the contrary, Randall was a leased-in worker as a matter of law. In this case, plaintiffs' claimed loss was excluded from coverage under the commercial general liability (CGL) policy and the Stowers action fails as a result. The court did not reach the damages issue addressed by the court of appeals. Accordingly, the court affirmed the judgment, which reversed the trial court's judgment and rendered judgment that plaintiffs take nothing, but on different grounds.