 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Moore v. Cincinnati Insurance Co.12/18/2001
it "shall be excess over any other collectible insurance," and it provides the minimum amount of liability insurance required by statute, the garage owner's policy provides no liability coverage for the customer. Allstate Ins. Co. v. Shelby Mut. Ins. Co., 269 N.C. 341, 351-52, 152 S.E.2d 436, 443-44 (1967); United Services Auto. Ass'n v. Universal Underwriters Ins. Co, 332 N.C. 333, 335-37, 420 S.E.2d 155, 156-58 (1992); Eaves v. Universal Underwriters Group, 107 N.C. App. 595, 600, 421 S.E.2d 191, 193, disc. review denied, 333 N.C. 167, 424 S.E.2d 908 (1992). If the customer's liability insurance is for an amount less than what is required by the Financial Responsibility Act, the garage policy containing an escape clause nonetheless provides coverage to the extent the statutory amount exceeds the customer's liability policy limits. See Allstate, 269 N.C. at 352, 152 S.E.2d at 444.
In this case, Alcoke's policy provided liability coverage only to those customers "using" the loaner vehicle with its "permission." Assuming without deciding that Sanders and/or Moore were Alcoke's customers and were "using" the loaner vehicle with Alcoke's permission, Defendant's garage policy provides no liability coverage for injuries sustained during Sanders' and/or Moore's use of the loaner vehicle. This is so because Alcoke's policy provided coverage if the customer had "no other available insurance." Sanders' and Moore's liability policies, however, provided the minimum amount of liability coverage as required by the Financial Responsibility Act and stated it would "be excess over any other collectible insurance." Accordingly, Alcoke's policy provided no liability coverage for the injuries sustained in the use of its loaner vehicle by either Moore or Sanders. The trial court must, therefore, be reversed.
Reversed.
Judges MCCULLOUGH and CAMPBELL concur.
Page 1 2 3 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|