Great West Casualty Co. v. Bergeson

KONENKAMP, Justice.

[¶ 1] Insurer brought a declaratory judgment action contending a passenger injured in a trucking accident was excluded from policy coverage as an “employee.” The trial court granted summary judgment for the insurer. Discerning genuine issues of material fact, we reverse and remand.

Facts

[¶2] Great West Casualty Insurance Co. furnished a commercial lines trucker’s liability policy to C.L.B. Express, an interstate trucking business. The policy excluded coverage for injuries to employees. Lee Berge-son, owner of C.L.B. Express, had declined workers’ compensation coverage.…