Austin-St. Paul Mutual Insurance Co. v. Belshan

This declaratory judgment action is brought by a liability carrier against its insured to determine whether a third person injured in a farm accident was an employee excluded from coverage or an independent contractor. The trial court held that the insured was entitled to coverage, and we affirm.

The father of the injured party, Allen Orwick, contracted with the insured, Douglas Belshan, to have his son mow 10 acres of hay for which he was to be paid approximately $1.50 per acre. The work began the morning of June 10,1970. As Orwick mowed, Belshan followed with a tractor and crimper. Shortly…