GAVAN v. Bituminous Casualty Corporation

The only issue in this case is whether Bryan Gavan was a “temporary worker” eligible for insurance coverage for his serious and permanent injuries. There is no dispute Gavan temporarily worked for the employer on an as-needed basis. However, the majority concludes that Gavan is not a temporary worker solely because he was not referred to the employer by a third party. This conclusion is not compelled by the language of the insurance policy or existing Missouri precedent. Therefore, I respectfully dissent.

The insurance policy defines the term “temporary worker” as “a person who is furnished,…