Nationwide Mutual Insurance Company v. William John Liberatore United States of America Dollar Rent-A-Car Systems, Inc. Sheri Leann Ivey

Nationwide Mutual Insurance Company appeals the district court’s summary judgment in this insurance coverage dispute involving the United States government. Underlying the coverage dispute is a state tort action arising out of an auto accident. The defendant driver, William John Liber-atore, was insured by Nationwide, and at the time of the accident was an active duty member of the armed services of the United States. Under the terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b), 2671-2680 (2004), because Li-beratore was a federal employee, the federal government would have responsibility for indemnifying him if, at the time of the accident, he were acting within the scope of his employment. The district court determined that Liberatore. was not acting within the scope of his employment, leaving Nationwide to indemnify Liberatore for any damages awarded in the underlying action. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

FACTS AND PROCEEDINGS

On the morning of July 18, 2001, Libera-tore, ■ a Command Master Chief in the United States Navy, flew from Norfolk, Virginia to Los Angeles, California. Li-beratore was traveling from his permanent duty…