Tower Insurance Co. of New York v. Horn

OPINION OF THE COURT BY JUSTICE KELLER

Tower Insurance Company of New York (Tower) appeals the Court of Appeals’s *173reversal of summary judgment and finding of coverage. The issue is whether an injured employee policy exclusion bars coverage of a permissive user. After reviewing the policy, law, and arguments, we hold that it does- not and affirm the Court of Appeals.

I.BACKGROUND.

The facts are undisputed. On September 26, 2011, B & B Contracting, LLC (B <& B) was engaged in its normal course of business: highway mowing and landscaping. Because the work- crew was -short-staffed that day, Brent…