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Argonaut Great Central Insurance Co. v. Mitchell
United States Court of Appeals for the Eleventh Circuit
482 Fed. Appx. 478 (2012)
Scott Mitchell worked as a garbage collector for Madison County. Mitchell rode on the back of the garbage truck and hopped on and off to pick up trash on the side of the road. The garbage truck was rear-ended by another vehicle, pinning Mitchell against the back of the garbage truck and killing him. The county had a vehicle insurance policy with Argonaut Great Central Insurance Company (plaintiff). The policy insured anyone occupying a covered vehicle. The evidence was in dispute as to Mitchell’s exact location—i.e., on or off the truck—when he was struck. Argonaut filed suit against Mitchell’s estate (defendant), seeking a declaratory judgment that Mitchell was not covered by the county’s insurance policy. The district court granted the estate’s motion for summary judgment. Argonaut appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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