Consumers County Mutual Insurance v. P.W. & Sons Trucking, Inc.

EMILIO M. GARZA, Circuit Judge:

P.W. & Sons Trucking, Inc. (PWS) and Fred Paillet IV appeal the district court's grant of summary judgment in favor of Consumers County Mutual Insurance Co. (“Consumers”) in this declaratory judgment action. Specifically, PWS and Paillet contend that the district court erred when it relied on a Department of Transportation regulation, 49 C.F.R. § 390.5, to determine whether Paillet was an “employee” excluded from coverage under PWS’s commercial auto insurance policy. Because we believe the district court properly relied on the regulation, we affirm.

In February…