ILNews

Accident not covered under insurance policy

Back to TopCommentsE-mailPrintBookmark and Share

A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.

Mark Gasser and three friends scheduled a time to play golf, but on that day, the battery was dead in his pickup truck. His girlfriend was driving his other car, so Gasser asked friend Rex Kamman to pick him up. On their way to the golf course, they were involved in a collision.

Gasser’s cars were owned by his business, and he had them insured with Auto-Owners Insurance Co. His policy states that it applies to a car that “you do not own which is temporarily used as a substitute for your automobile. Your automobile must be out of use because of breakdown, repair, servicing, loss or destruction.”

Only once has the Court of Appeals addressed a car being a “temporary substitute” for insurance purposes, Deadwiler v. Chicago Motor Club Ins. Co., 603, N.E.29 1365 (Ind. Ct. App. 1992). Deadwiler addressed the “temporary substitute” issue for the first time and determined that a daughter’s car was not a “temporary substitute vehicle” covered under her mother’s policy. The daughter went to check on her sister after being asked by her mother to do so and was involved in an accident. The court held the daughter’s actions were characterized as a favor to her mother rather than as fulfillment of a prior contractual or legal obligation owed to her mother.

The court in Mark Gasser v. Lesa B. Downing, Auto-Owners Insurance Co. and Property Owners Insurance Co., No. 19A05-1108-PL-419, ruled Gasser’s ride to the golf course is similarly a “favor” by Kamman, so Auto-Owners was entitled to summary judgment.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

ADVERTISEMENT