Tennessee Farmers Mutual Insurance Company, v. Kent Cherry,et al.

In this appeal we must determine whether an injured party was a “farm employee” within the meaning of a farm owner’s liability insurance policy. The alleged employee is the farm owner’s father. He was grinding corn to feed the farm owner’s cattle when he was injured. The father and his wife filed suit against the son and his wife seeking to recover damages as a result of the accident. The son’s farm owner’s liability policy provided coverage for occurrences to “farm employees” in certain instances. The insurer filed this declaratory judgment action seeking a declaration that it had no duty to defend or indemnify the insureds because the father was not a farm employee. The trial court held that the father was a farm employee and ordered the insurer to defend and indemnify the insureds in the underlying lawsuit. We affirm.