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Case Law Update: Auto Accidents, Insurance, and Agency

The 1st District in Wolfensberger v. David Eastwood, No. 1-07-0121 (May 12, 2008) 1st div. (WOLFSON) affirmed in part reversed in part, and remanded the automobile accident case back to the trial court. According to the Court, the trial court erred when it granted summary judgment in favor of issuer of umbrella insurance policy; because the issue of whether driver of vehicle in which plaintiff was a passenger at time of her injury was acting within the scope of his employment when he negligently drove from bar, is material issue of fact. In addition, in order to be covered as individual ‘engaged in the business or personal affairs’ of employer, driver must have been acting within the scope of his employment.