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State Farm Mutual Auto Ins. Co. v. O'Neal, 2008 WL 4194006 (Del.Super.).

This case arose from a motor vehicle accident resulting in the death of driver of an employer's van. The employee was found to be under the influence of cocaine and alcohol when driving on Interstate 495. The employee was killed when she exited and walked behind the van which rolled backwards and hit her. At issue was whether the employee's use of the van at the time of the accident in a highly intoxicated state constituted a "major deviation" from the permission given to her by her employer. The Superior Court held that the employee's use of the van to pick up personal belongings was within the scope of permission. However, her driving at around midnight while intoxicated constituted a "major deviation" from the scope of permission. The employer was therefore not obligated to provide coverage under the "omnibus provision" contained in the policy insuring the van.

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