Great West Cas. Co. v. National Cas. Co., No. 14-3522 (8th Cir. 2015)
Annotate this CaseGreat West filed suit seeking a declaratory judgment that National is contractually obligated to defend and indemnify an owner-operator of a semi-tractor in a pending state court suit. The court concluded that the owner-operator was an "insured" under the National policy; neither two exclusions in the National policy applied; and the exclusion in the Great West policy's applied. Accordingly, the court affirmed the district court's grant of summary judgment for Great West, because the underlying negligence claim against the owner-operator was covered under National's policy and excluded under Great West's policy.
Court Description: Loken, Author, with Melloy and Gruender, Circuit Judges] Civil case - Insurance. On the undisputed facts, a tractor was connected to a covered powered unit for the purposes of the provisions of National's policy; the driver-owner was therefore an insured to whom the liability coverage provided by National's policy applied; the "employer's liability" and "fellow employee" exclusions in National's policy did not preclude coverage; under the lease agreement the driver-owner had with the insured, the tractor-trailer was being used in the insured's business at the time of the incident and the policy Great West issued the driver-owner did not apply.
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