Mendenhall v. Property & Casualty Insurance Co. of Hartford
2012 Mo. LEXIS 157
| Mo. | 2012Background
- Ms. Mendenhall sought equitable garnishment to collect from Hartford under the Family Center policy for her husband’s wrongful death.
- Mr. Mendenhall worked for Walker on a farm on an as-needed basis; Family Center referrals and Walker’s hiring decision were pivotal.
- Family Center, not an employer of Mendenhall, referred him to Walker who hired him without direct Family Center supervision.
- Mendenhall was killed while using the Family Center’s truck/trailer insured under Hartford’s policy.
- Hartford denied coverage arguing Mendenhall was an “employee” and thus excluded from coverage; the policy provides coverage for “temporary workers.”
- Trial court granted Hartford summary judgment on the ground that Mendenhall was Walker’s employee, not a temporary worker; judgment reversed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mendenhall was an employee or a temporary worker under Hartford policy | Mendenhall was a temporary worker furnished by referral, not an employee | Mendenhall was Walker’s employee under the policy’s exclusions | Ambiguity exists; Mendenhall is a temporary worker and covered |
| Whether the Family Center furnished Mendenhall to Walker | Referral was enough to furnish to Walker | Furnish requires an employment agency or similar relationship | Furnish ambiguous; majority adopts that referrals can suffice and reverses trial court |
| Is the term 'furnished to' unambiguous or ambiguous in this context | Term is ambiguous and should be construed in insured’s favor | Term has a plain meaning requiring third-party involvement | Term ambiguous; construed in insured’s favor; coverage for temporary worker applied |
Key Cases Cited
- Gavan v. Bituminous Cas. Corp., 242 S.W.3d 718 (Mo. banc 2008) (defines 'furnished to' for temporary worker analysis)
- National Indem. Co. of the S. v. Landscape Mgmt. Co., Inc., 963 So.2d 361 (Fla.Dist.Ct.App. 2007) (third-party referral can furnish a worker)
- Nick’s Brick Oven Pizza, Inc. v. Excelsior Ins. Co., 853 N.Y.S.2d 870 (N.Y.Sup.Ct. 2008) (referral can be 'furnish' to a employer)
- Carl’s Italian Rest. v. Truck Ins. Exch., 183 P.3d 636 (Colo.App. 2007) (one cannot 'furnish' oneself; third party involvement required)
- Brown v. Ind. Ins. Co., 184 S.W.3d 528 (Ky. 2005) (temporary worker vs. employee distinction in coverage)