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Click here for the full text of this decision FACTS:In early 1999, Michael Renfrow worked for CD Consulting & Operating Co., an oil field services business located in Bridgeport. One Friday at about 7 p.m., Renfrow returned from working at a well site near Justin, 30 miles west of Bridgeport, finished his paperwork and left CD Consulting’s office for the day. Although Renfrow’s personal truck was parked at the office, Bobby Campbell, CD Consulting’s owner, let Renfrow take a company truck home, which was about one-half of a mile away. Campbell would later testify that this was because Renfrow was due back at the well site at 6 a.m. the next day, and it was company policy to let an employee take a company truck home overnight when he had to be at a well site early the next morning. It is not clear whether Renfrow knew of any such policy, and that Friday night he and Campbell did not specifically discuss what he could or could not do with the company truck. Renfrow admited that he knew as a rule employees were not allowed to use company vehicles for personal business, this despite the fact that he was in the habit of driving a company truck to the home of his foreman, Jimmy Joe Stinnett, several nights a week to drink beer. Stinnett also lived in Bridgeport, not far from Renfrow. Renfrow often drove a company truck to visit Mili Jo Roberts, too, and that is where he went when he left the office on the Friday night in question. Roberts lived in Bridgeport about a mile from CD Consulting’s office. Sometime during the evening, Renfrow and Roberts decided to go to Saginaw, about 40 miles away. Renfrow testified that he knew he did not have permission to take the company truck to Roberts’ home, let alone to Saginaw. Renfrow and Roberts were returning about 12:45 a.m. when the truck left the highway and hit an embankment. Roberts was killed and Renfrow was injured. Renfrow was later indicted by a Wise County grand jury for intoxication manslaughter. Roberts’ beneficiaries sued Renfrow and CD Consulting for wrongful death. The jury found Renfrow negligent and grossly negligent, but did not find CD Consulting directly or vicariously liable. The trial court rendered judgment against Renfrow, and he did not appeal. Old American, CD Consulting’s insurer, sued for a declaration that Renfrow was not covered by its policy because he lacked permission to drive the company truck to Saginaw on personal business. The Roberts beneficiaries counterclaimed for payment of their judgment against Renfrow. Both sides moved for summary judgment, and the trial court granted the beneficiaries’ motion and denied Old American’s. The court of appeals reversed and remanded, concluding that while Renfrow unquestionably did not have express permission to take the company truck to Saginaw, evidence of whether he had implied permission was in dispute, thus precluding summary judgment for either side. HOLDING:Reversed, and judgment is rendered for Old American. The court concludes that Renfrow’s trip to Saginaw was, as a matter of law, a material deviation from any implied permission he may have had to use the vehicle in Bridgeport. Renfrow’s trip was a diversion similar to the employees’ trips in Coronado v. Employers’ National Insurance Co., 596 S.W.2d 502 (Tex. 1980), or Royal Indemnity Co. v. H.E. Abbott & Sons Inc., 399 S.W.2d 343 (Tex. 1966), and it was at least as far outside the scope of any permitted use. OPINION:Per curiam.

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