Burrows, Maxey, M & B Wholesale Bait v. Progressive Casualty Insurance

OPINION

This is an appeal from a declaratory judgment holding that the insurance policy issued by respondent to appellants Marvin D. Burrows and M & B Wholesale Bait did not cover the injuries sustained by appellants Sylvia and Alfred Abril in an automobile accident. For the following reasons, we reverse the judgment and remand back to the district court for further proceedings consistent with this opinion.

In 1982, Marvin D. Burrows (“Burrows”) and Warren J. Maxey (“Maxey”) formed a partnership, called M & B Wholesale Bait (“M & B”), to buy and sell fish. The business also included delivering…