Etta Irene Stewart v. Liberty Mutual Insurance Company

JOHN R. BROWN, Circuit Judge.

This appeal from summary judgment entered against the plaintiff in a Louisiana direct action proceeding presents the single question whether the coverage of the automobile insurance policy extended to protect one employee of a common employer against the suit brought by the heirs of a fellow employee.

Stewart, the decedent, and Vallotton, the driver of the truck, were co-employees of Raymond Concrete Pile Company, the named Assured in the policy. Vallotton was, of course, driving the truck with the permission and consent of the named Assured and was, therefore,…