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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. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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