Larson v. Bath

Elliott, J.:

Wayne C. Larson appeals the summary judgment in favor of Continental Insurance Company (Continental), which denied Larson’s claim for underinsured motorist coverage for an accident.

We reverse.

The facts are essentially uncontroverted. Larson was involved in an auto accident with another vehicle driven by Shawn Bath, a minor. Larson was driving a vehicle owned by his employer, Missouri-Kansas-Texas Railroad Company (Katy), and was acting within the scope of his employment, Continental insured the Katy vehicle.

Katy’s agent, Mel Compton, negotiated the coverage and purchase of Katy’s…