Western Casualty & Surety Co. v. Marchant

CROCKETT, Chief Justice:

Plaintiff Western Casualty, which issued an automobile liability insurance policy to defendant Ralph Marchant, appeals from a finding that a clause excluding coverage of the insured’s own employees was not applicable to defendant Sherman Peterson who was injured while he was working on defendant Marchant’s demolition job site.

Plaintiff’s principal contention is that “the only reasonable conclusion from the evidence” is that Peterson was working as an employee of Marchant, and not of Gary Yates, as the trial court found. 1

Defendant Marchant operates a trucking business…