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In Video Warehouse, Inc. v. Southern Trust Ins. Co., 2009 WL 806741 (Ga.App.), Video Warehouse, Inc. appealed a summary judgment awarded to Southern Trust Insurance Company. Video Warehouse argued that a disputed issue of material fact existed as to whether two insurance policies excluded coverage for certain claims asserted against Video Warehouse.

Video Warehouse was sued for personal injuries and wrongful death arising out of an auto accident involving one of its employees. The complaint alleged that the Video Warehouse employee was driving his own vehicle to a Video Warehouse store to perform improvements on the store. The complaint alleged that the employee was acting within the scope of his employment in furtherance of his employer’s business when he crossed the center line and struck a truck head-on. The driver of the truck was fatally injured in the accident.

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