 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
North Carolina Farm Bureau Insurance Co. v. Nationwide Mutual Insurance Co.2/15/2005
ession of the automobile by the automobile's owner or owner's permittee under a good faith belief that giving possession of the vehicle to the third party would not be in violation of any law or contractual obligation." Belasco v. Nationwide Mut. Ins. Co., 73 N.C. App. 413, 419, 326 S.E.2d 109, 113, disc. review denied, 313 N.C. 596, 332 S.E.2d 177 (1985). "This implies not only that the owner or the owner's permittee must give possession to a third party in good faith, but also that the third party must take in good faith and without any notice of restrictions on his use." Nationwide Mut. Ins. Co. v. Baer, 113 N.C. App. 517, 521, 439 S.E.2d 202, 205 (1994). Farm Bureau argues that Reagan was in lawful possession of Betty's car when she grabbed the steering wheel. At the time she grabbed the wheel, Reagan was sitting in the front passenger seat, as Charly drove the car down Interstate 40. We find no case in this State in which anyone other than the operator, sitting in the driver's seat, has been found to be in possession of a car. Rather, whether a passenger who grabs a steering wheel can be considered in possession of the vehicle appears to be a matter of first impression in North Carolina. However, a number of other states have addressed a related issue, concerning whether a passenger who grabs the steering wheel is operating a vehicle as referred to in an insurance policy exclusion. We are persuaded by the reasoning of those states which hold that a passenger who grabs the steering wheel is actually interfering with the vehicle's operation. See Harrison v. Tomes, 956 S.W.2d 268 (Mo. 1997); Farm Bureau Gen. Ins. Co. v. Riddering, 432 N.W.2d 404 (Mich. Ct. App. 1988); West Bend Mut. Ins. Co. v. Milwaukee Mut. Ins. Co., 384 N.W.2d 877, affirmed en banc, 384 N.W.2d 877, (Minn. 1986); State Farm Mut. Auto. Ins. Co. v. White, 655 P.2d 599 (Ore. Ct. App. 1982); but see Gibbs v. Nat'l Gen. Ins. Co., 938 S.W.2d 600 (Mo. Ct. App. 1997); U.S. Fire Ins. Co. v. United Serv. Auto. Ass'n, 772 S.W.2d 218 (Tex. Ct. App. 1989); U.S. Fid. & Guar. Co. v. Hokanson, 584 P.2d 1264, 1267 (Kan. Ct. App. 1978); State Farm Mut. Auto. Ins. Co. v. Larsen, 377 N.E.2d 1218, (Ill. Ct. App. 1978). As such, we cannot agree that grabbing the steering wheel of a moving car from the passenger seat in the circumstances presented here constitutes "possession" of the car. Thus, we conclude that Reagan was not in possession of the car when she grabbed the steering wheel.
Further, even if Reagan were in possession of the car, the possession would not have been lawful. This Court has held that N.C. Gen. Stat. ยง 20-279.21 requires "not only that the owner or the owner's permittee must give possession to a third party in good faith, but also that the third party must take in good faith and without any notice of restrictions on his use." Baer, 113 N.C. App. at 521, 439 S.E.2d at 205. If a driver suffered a medical emergency and lost control of a car, perhaps a passenger could have a good faith belief that she could take possession of the car by grabbing the steering wheel; however, that circumstance is not before us. Here, the evidence indicates that Reagan grabbed the wheel while joking around. Common sense dictates that a reasonable passenger cannot in good faith believe that she may lawfully possess a car by suddenly grabbing the steering wheel of a moving car in this manner.
Affirmed.
Judges WYNN and ELMORE concur.
|