Masuccio v. Standard Fire Insurance Co.

This case reduces to one question: whether the summary judgment evidence shows as a matter of law that Laura Ma-succio was not in the course and scope of *858her employment when she died in a one-car automobile accident at 3:00 a.m. I would hold that course of employment was refuted by the undisputed evidence that Laura had left a business meeting 4 hours and 45 minutes before the 3:00 a.m. wreck, and she was on a highway traveling toward San Antonio and not in the direction of her home in New Braunfels.

The course and scope question arises in the following context. The carrier moved for summary…