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Plaintiff Danny Swafford, operating Swafford Farms, held a workers' compensation and employer's liability insurance policy with Defendant Forestry Mutual Insurance Company. An underlying complaint was filed against Swafford by Albert Wayne Capshaw, an alleged independent contractor, for injuries sustained. Swafford then filed a declaratory judgment action seeking a ruling that Forestry Mutual had a duty to defend him in the Capshaw complaint. Forestry Mutual moved for summary judgment, arguing its policy only covered employees, not independent contractors, and thus it had no duty to defend. The Court, applying Tennessee law, found no ambiguity in the policy's terms or the allegations of the Capshaw complaint regarding Capshaw's status. Consequently, the Court granted Forestry Mutual's motion for summary judgment, concluding that no duty to defend existed.
Swafford v. Forestry Mutual Insurance is a workers' compensation case decided in District Court, E.D. Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Tennessee.
Full Decision Text1 Pages
Plaintiff Danny Swafford, operating Swafford Farms, held a workers' compensation and employer's liability insurance policy with Defendant Forestry Mutual Insurance Company. An underlying complaint was filed against Swafford by Albert Wayne Capshaw, an alleged independent contractor, for injuries sustained. Swafford then filed a declaratory judgment action seeking a ruling that Forestry Mutual had a duty to defend him in the Capshaw complaint. Forestry Mutual moved for summary judgment, arguing its policy only covered employees, not independent contractors, and thus it had no duty to defend. The Court, applying Tennessee law, found no ambiguity in the policy's terms or the allegations of the Capshaw complaint regarding Capshaw's status. Consequently, the Court granted Forestry Mutual's motion for summary judgment, concluding that no duty to defend existed.
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