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MISCELLANEOUS











A friend and the named insured were drinking at a bar in West Virginia. The friend asked to borrow the named insured’s keys under the guise of retrieving his cigarettes from the locked car. The friend and another person subsequently took the car and crashed into a tree. The guest passenger was severely injured and sued the driver. The liability insurance carrier denied coverage on the basis that the friend was not a permissive user of the insured’s vehicle. Following a two-day bench trial, judgment was entered in favor of the insurance company.




 

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Demand
Provide coverage and defense in companion case

Offer
None

Result
For Plaintiff insurance company

Venue
United States District Court, Western District of Pennsylvania

Judge
Lee

Attorney
Paul J. Walsh III

Tried
October 1995

Declaratory judgment action / permissive use