Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Cases

Ricky Griffitts filed an equitable garnishment action against BNSF Railway Company and its insurer, Old Republic, seeking to collect on an unsatisfied judgment against James Campbell, a BNSF employee who rear-ended Griffitts while driving a company vehicle intoxicated. The circuit court found Campbell was not a permissive user under BNSF's insurance policy because he violated company rules regarding alcohol use. The Supreme Court of Missouri vacated the judgment and remanded the case, holding that the circuit court erroneously declared the law by conflating vehicle "use" and "operation," and that Campbell's violation of rules related to "operation" did not negate his broad permission for "use" under the omnibus clause.