Vargas

In this declaratory judgment action, appellant George Vargas contends the trial court erred in granting summary judgment against him and in favor of Vargas’s employer, respondent Best Ovemite Express, Inc. (hereinafter Best), and Best’s insurer, respondent Athena Assurance Company (hereinafter Athena). Vargas contends that a question of material fact exists as to whether he was acting in the course and scope of employment at the time of the traffic accident in question, and thus whether the insurance policy issued by Athena to Best covers Vargas, who had not insured his own car. We find that summary judgment was properly granted because, apart from Vargas’s employment status at the time of the accident and whether under the policy he was a “permitted user” in a “covered auto,” the policy covers only a “protected person” and specifically defines that term as excluding “[a]n employee of [Best] ... if the covered auto is owned by that employee.”

Factual and Procedural Summary

DST Distributors, Inc. (DST) filed a complaint for property damage against Vargas stemming from a traffic accident in November of 1997. The accident occurred when a big-rig truck leased by DST from…