Old American County Mutual Fire Insurance Co. v. Renfrow

This is a declaratory judgment action to determine coverage under the “omnibus clause” 1 of a commercial auto liability policy that insured an employer and “anyone else while using with your [that is, the employer’s] permission a covered auto”. The principal issue is whether an employee had implied permission to use a company truck at the time of an accident so as to be covered by the policy. The trial court held as a matter of law that the employee was covered, but the court of appeals reversed and remanded for a resolution of subsisting fact issues. 2 We hold that the employee, as a matter…