Bratton v. Selective Ins. Co. of Am.

Draper Paving, the subcontractor for a road project, employed Richard Slone as a dump truck driver and assigned him to work on the project. Slone died from injuries he received in an accident while working on the project. At the time of the accident, Draper Paving had taken out a motor vehicle insurance policy with Selective Insurance Company of America. Karen Slone Bratton and Selective Insurance filed separate declaratory judgment actions seeking to determine whether Slone fell within the scope of the Selective Insurance policy’s coverage. The circuit court concluded that Bratton was not entitled to insurance proceeds from Selective Insurance because Slone did not fall within the scope of the policy at the time of the accident. The Supreme Court reversed, holding that Slone was occupying both a dump truck and company pickup truck - both covered autos - at the time of the accident under the Selective Insurance policy. Because the policy’s coverage limit for each covered auto applied independently to multiple covered autos involved in the same accident, Bratton was entitled to proceeds under the Selective Insurance policy for both the dump truck and the company pickup truck. Remanded. View "Bratton v. Selective Ins. Co. of Am." on Justia Law