Lynn v. Westport Insurance

OPINION OF THE COURT

McCLURE, District Judge.

Appellant Walter Lynn, Jr. filed a complaint against appellee, Westport Insurance Corporation (‘Westport”), seeking damages under an insurance policy issued by Westport. After cross motions for summary judgment were filed, the district court granted Westport’s motion and denied Lynn’s motion. For the reasons provided below, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

Lynn is a tow truck driver for T.W. Scott Enterprises (“T.W. Scott”). On March 21, 2003, Lynn was dispatched to assist a motorist with a disabled vehicle. When he arrived, he…