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Gilbert v. B.D.O.W.S.6/23/2000
te Farm and remand for further proceedings. With regard to the issues pertaining to State Farm as the insurer of Dr. James Barron and Aetna as the insurer of the Ed Seymour, Jr. and Ed Seymour, III, we affirm the summary judgments in favor of these defendants finding no medical payments coverage under their respective policies.
REVERSED IN PART, AFFIRMED IN PART, AND REMANDED.
CARAWAY, J., concurring in part and dissenting in part.
While I concur in all other rulings of the majority, I dissent regarding the issue of State Farm's apartment policy coverage. There is no genuine issue of material fact regarding Lawson's employment by the Shaws for the management of the pool. He cleaned the pool with chemical supplies and equipment furnished by the Shaws and followed their directives in overseeing the use of the pool by tenants. Although our review of Lawson's employment in the initial appeal of this case does not govern this ruling, the undisputed facts of Lawson's employment relationship with the Shaws have not changed.
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