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Accident not covered under insurance policy

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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.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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