United States Fifth Circuit

In a insurance bad faith and contract suit arising from plaintiff-former employee's motor vehicle accident and defendants' refusal to cover, indemnify or defend plaintiff, summary judgment for defendants is reversed where genuine issues of material fact remained as to whether the employee acted within the permissive use authorized by his employer, Goodyear Tires, when he fell asleep at the wheel of a company truck.

Appellate Information

• Decided 09/12/2006
• Published 09/13/2006

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael D. Papania (argued), Nederland, TX, for Adams.


• For Appellees:
  
• David Norman Kitner (argued), Christine D. Roseveare, Strasburger & Price, Dallas, TX, for Defendants-Appellees.