Indiana Insurance Denied Summary Judgment in Declaratory Judgment Action
In Estate of Bradley Kinser v. Indiana Insurance Company, decedent was killed in an automobile collision while operating his girlfriend's Ford Focus. He and his girlfriend lived together and commuted to work together. Decedent owned a Chevy Trailblazer insured by Indiana Insurance Company, while his girlfriend's Ford Focus was jointly titled with her and her dad and insured by Erie Insurance.
The couple drove to and from work in the Focus with the decedent driving in the mornings. They used it for long trips and the Trailblazer on the weekends. They each had a set of keys to the other's car, but decedent wouldn't take the Focus without asking permision.
Decedent's automobile insurance policy with Indiana Insurance stated that decedent was generally insured for his "use of any auto" but it contained an exclusion stating no liability coverage for the use of any vehicle other than "your covered auto" which is owned by you or furnished or available for your regular use.
On appeal, the trial court's granting of Indiana Insurance Company's summary judgment motion was denied and it held that there are genuine issues of material fact as to whether the Focus was furnished or available for decedent's regular use.
