In the case of Westfield Insurance Company v. Advanced Auto Transport, involving over one million dollars in defense costs and underlying settlement amounts, Advanced Auto sought coverage under the omnibus insuring clause of Westfield’s automobile policy. Michael Rowley successfully brought a summary judgment motion in Minnesota Federal District Court, arguing coverage for Advanced Auto as a permissive user of a garbage truck involved in a serious accident was excluded by the business use exclusion in the policy. On appeal, the 8th Circuit Court of Appeals affirmed the lower court, concluding Advanced Auto was “working in a business” of servicing the garbage truck during transport of the truck for a company that was not Westfield’s insured, and therefore Westfield owed no duty to defend or indemnify Advanced Auto. Westfield Insurance Company v. Advanced Auto Transport, Inc. et al., 11 F.4th 860 (8th Cir. Aug. 30, 2021).
Additional information at PLRB Frontlines, plrb.org, and Law360.com.