Canal Insurance v. Farmer

Andrews, Judge.

We granted Canal Insurance Company’s interlocutory appeal to determine whether or not the trial court erred in denying its motion for summary judgment. We conclude that it did and reverse.

*540This case arose out of an accident involving a pickup truck in which Gary Farmer was a passenger, and a tractor-trailer owned by J. L. Garnett, Inc. Garnett’s tractor-trailer was insured at the time by Canal Insurance Company. Farmer and his wife sued the driver of the tractor-trailer, Garnett, and Canal Insurance Company.

Canal argues that the Farmers cannot proceed directly against the…