Turner v. Mutual Service Casualty Insurance Co.

OPINION

HALBROOKS, Judge.

Respondents Judd and Terese Turner, injured while using a rental car on an out-of-state business trip, moved for summary judgment in this declaratory-judgment action they brought to recover uninsured/underinsured motorist benefits from appellant Liberty Mutual Fire Insurance Company, Judd Turner’s employer’s commercial automobile insurer, and respondent Mutual Service Casualty Company, the Turners’ personal automobile insurer. The district court granted summary judgment to the Turners, holding that the commercial automobile policy provides primary…