Background

• Decedent Troy McVey died in a motor vehicle accident while en route to a company-sponsored leadership conference for Tru-Green LandCare, where he worked as an operations manager.
• McVey, as Troy's beneficiary, sought workers' compensation survivor benefits from Troy's employer's insurer, Zurich American Insurance Company.
• Zurich denied coverage, contending the death was not compensable because Troy was not acting within the course and scope of his employment at the time of the crash.
• The Division of Workers' Compensation held that Troy's death was compensable, finding he was acting within the course and scope of employment.
• Zurich sought de novo judicial review in district court, and the parties cross-moved for summary judgment, agreeing the key issue was purely legal.
• The district court granted McVey's summary-judgment motion and denied Zurich's, granting total relief to the claimant.

Issues

Key Cases Cited

• Evans v. Illinois Employers Ins. of Wausau, 790 S.W.2d 302 (Tex. 1990) (special-mission exceptions to coming-and-going travel)
• Shelton v. Standard Ins. Co., 389 S.W.2d 290 (Tex. 1965) (continuous coverage rule for travel during extended work trips)
• Leordeanu v. American Protection Ins. Co., 330 S.W.3d 239 (Tex. 2010) (employer-provided transportation as origin evidence; exceptions to coming-and-going rule)
• Texas Gen. Indem. Co. v. Bottom, 365 S.W.2d 350 (Tex. 1963) (distinguishes employer-provided routine travel from ordinary travel; different facts)
• Rose v. Odiorne, 795 S.W.2d 210 (Tex. App.-Austin 1990) (origination of travel in employer's business depends on contract for employment)
• Aetna Cas. & Sur. Co. v. Orgon, 721 S.W.2d 572 (Tex. App.-Austin 1986) (travel away from premises during work-related travel; continuous coverage concept)