Argonaut Great Central Insurance Co. v. Mitchell
United States Court of Appeals for the Eleventh Circuit
482 Fed. Appx. 478 (2012)
Relevant factsFree
Mitchell, a garbage collector who regularly hopped on and off the back of his county's garbage truck, was killed when the truck was rear-ended, pinning him against it, with disputed evidence about his exact position at the moment of impact; Argonaut (plaintiff), the county's insurer covering anyone occupying an insured vehicle, sued Mitchell's estate (defendant) seeking a declaration that he wasn't covered, and the district court granted summary judgment to the estate.
IssueFree
Whether a declaratory judgment is an appropriate preliminary remedy in a proceeding involving an insurance claim to determine whether a person is covered by the policy.