ESTATE OF TONY TURNER V. GLOBE INDEMNITY CO.
INSURANCE: UIM coverage and replacement vehicle
PUBLISHED: AFFIRMING; ACREE
DATE RENDERED: 3/2/2007
Normally, Turner (a local newscaster) would use a company car on assignments, but on this day he chose not to for his own convenience. While in his own car, he was killed in a car accident. He recovered all the liability insurance plus all of his own underinsured motorist benefits (UIM).
However, he tried to implicate the coverage on the company’s policy claiming he was using a replacement vehicle. The policy provisions were examined closely for coverage. In order for the UIM on the company care o be implicated, the COA held the party must be operating a covered vehicle or a temporary substitute for covered vehicle. The substitute must be out of service because of its breakdown, repair, servicing, loss or destruction. Evidence showed that there were serviceable fleet vehicles available to Turner, but that he chose to drive his own vehicle for his own convenience.
Digested by Michael Stevens