In 2000, a man was involved in an auto collision in Georgia in which a couple were injured. They filed suit not only against the man but also his employer, a tree surgery service, claiming that the man was acting within the scope of his employment at the time of the collision.
After the owner of the tree surgery service was notified of the suit, he contacted his agent. He told her that at the time of the collision, the employee was off duty and driving his own car. The agent told the employer that she would take care of the lawsuit and forwarded notice of the suit to her client's business auto insurer. She did not send notice to the employer's CGL carrier, however.
The agent didn't represent the CGL carrier directly but rather did business with it through a general agent to which she routinely had submitted claims. She said she didn't submit a claim to the CGL carrier (via the general agent) on this occasion because she didn't believe it would provide coverage for the collision.
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