Vargas v. ATHENA ASSURANCE CO.

Opinion

BOREN, P. J.

In this declaratory judgment action, appellant George Vargas contends the trial court erred in granting summary judgment against him and in favor of Vargas’s employer, respondent Best Ovemite Express, Inc. (hereinafter Best), and Best’s insurer, respondent Athena Assurance Company (hereinafter Athena). Vargas contends that a question of material fact exists as to whether he was acting in the course and scope of employment at the time of the traffic accident in question, and thus whether the insurance policy issued by Athena to Best covers Vargas, who had not insured his own…