Owen

Progressive Casualty Insurance Company (“Progressive”) appeals the district court’s summary judgment in favor of Arlene Owen (“Arlene”) and its denial of summary judgment in favor of Progressive. Progressive argues that the district court improperly rewrote an insurance policy issued to Owen Trucking to include Arlene as a named insured. Progressive also argues that the district court erred in denying Progressive’s summary judgment motion because Arlene was not occupying an insured auto at the time of her accident. We agree, and we therefore reverse the judgment of the district court.

FACTS AND PROCEDURAL HISTORY

Arlene is the former vice-president, secretary, and director of Owen Trucking, a corporation whose sole shareholders were Arlene and her ex-husband, Curtis Owen (“Curtis”). Owen Trucking was in the business of hauling talc from talc mines. Arlene worked at Owen Trucking for two to four hours per week doing office work. Progressive issued a commercial auto insurance policy to Owen Trucking for twelve of its vehicles. The declarations pages, which are expressly made part of the policy, listed the named insured as “BENNETT OWENTRUCKING I.” The declarations also…