United States Fifth Circuit

For purposes of omnibus clause in automobile liability policy, the "use" of a motor vehicle does not require that the user, or the user's agent, be its actual operator; thus, here, a person to whom general custody of a vehicle was given, and who negligently entrusted the vehicle to another whose negligent operation caused injury, was "using" the covered vehicle.

Appellate Information

• Decided 03/22/2002
• Published 03/22/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, WIENER and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kathleen Hopkins Alsina,Joseph Anthony Ziemianski, Phelps Dunbar, Houston, TX, George B. Hall, Jr. (argued), Phelps Dunbar, New Orleans, LA, for Associated Intern. Ins. Co., Timothy Dennis Riley, Riley Law Firm, Houston, TX, for Boyd Blythe., Kevin Joseph McEvily, McEvily & Flowers, Houston, TX, for Christopher Shawn Wood.