Neihaus v. Southwestern Groceries, Inc.

RICHMOND, Judge.

In consolidated appeals, Kyle Neihaus and her parents seek to reverse a declaratory judgment that there was no liability insurance coverage for the deceased driver of a vehicle in which she was injured, and a summary judgment on liability in favor of the driver’s employer. Both judgments are affirmed.

In the coverage case, which was submitted to the trial court on depositions and a copy of the insurance policy, there is no dispute as to the facts. By contending those facts create a genuine issue in the liability case on the question of permissive use, the Neihauses concede…