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Hults v. Pash3/23/1989
refer to the "named insured." Under definitions, "your covered auto" means "any vehicle shown in the declarations." The Oldsmobile was listed on the declarations page of the policy in the box titled, "Description(s) of your auto (s) or trailer(s)." (Emphasis added). "Your auto" means an automobile owned or possessed by the named insured. Black v. BLC Ins. Co., 725 S.W.2d 286 (Tex.App.1986); Sowa v. National Indemnity Co., 688 P.2d 865 (Wash.1984). See also Wallace v. Employers Casualty Co., 418 F.2d 1323 (9th Cir.1969).
At the time of the accident, the named insured, Beuning, did not own, possess or control the Oldsmobile involved in the accident; therefore, it was not a covered auto and Pash could not be a covered person because she was not driving a covered auto.
Hults argues that even if the "your covered auto" requires ownership of the vehicle, the policy covers Pash and this accident because the terms of sale required Pash to pay the purchase price in installments; therefore, Beuning still maintained an insurable interest in the Oldsmobile. We reject this argument because the fact that the terms of sale included installment payments does not negate the transfer of ownership. Semple v. State Farm Mutual
Auto Ins. Co., 215 F.Supp. 645 (E.D.Pa.1963); Bendall v. Home Indemnity Co., 238 So.2d 177 (Ala.1970); Gulf Ins. Co. v. Bobo, 595 S.W.2d 847 (Tex.1980); Truck Ins. Exchange v. Hanson, 254 P.2d 494 (Wash.1953).
The policy provided liability coverage only if the court had found some factual basis to impose legal responsibility upon Beuning for Pash's negligent operation of the vehicle, Bendall, supra, but the contrary occurred in this case by the judgment of November 26, 1986, absolving Beuning from liability to Hults.
We exercise our discretion in the award of attorneys' fees provided by A.R.S. ยง 12-341.01(A), and deny the request for fees.
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