California Court of Appeal

In a lawsuit against GEICO for breach of contract, bad faith, and declaratory relief, arising out of the insurer's refusal to insure an accident involving a van owned by the employer of the driver, the trial court's grant of summary judgment to the insurer, finding as a matter of law there was no coverage under the non-owned auto clause since the driver had nearly unlimited use of the van, is affirmed where under the circumstances of this case, since the driver was able to use the van for both business and personal purposes, and her personal use of the van at the time of the accident was not a departure from its customary use, the van was furnished to driver for her regular use and there is no coverage under the GEICO policy.

Appellate Information

• Published 2017/02/08

Judges

• GOMES

Court

• California Court of Appeal

Counsel