Grable v. Atlantic Casualty Insurance Co.

KATHIANNE KNAUP CRANE, Judge.

Plaintiffs, husband and wife, filed a lawsuit against the defendant insurer to obtain a declaratory judgment and equitable garnishment pursuant to section 379.200 RSMo (2000) to recover the judgment amounts awarded to plaintiffs for bodily injury and loss of consortium against defendant’s insured in a negligence action. Defendant filed a motion for summary judgment on the ground that an endorsement to its Commercial General Liability form policy excluded from coverage injuries to “employees,” and plaintiff fell within the definition of “employee” contained in and…