American National Property & Casualty Companies v. James E. Roberts, et al.

Case Number
M1999-01572-COA-R3-CV
This appeal involves a coverage dispute between the driver of a rented van and his insurance company. Following a single-vehicle accident that killed one passenger and injured two others, the driver's insurance company denied coverage because the driver was not operating the van with its owner's permission. Thereafter, the insurance company filed a declaratory judgment action in the Chancery Court for Davidson County. The trial court denied the insurance company's motion for summary judgment after concluding that the term "owner" as it appeared in the policy was ambiguous. Thereafter, the trial court granted the driver's motion for summary judgment after concluding, as a matter of law, that he had been operating the rented van with the owner's permission. We have determined that the trial court should not have granted the driver a summary judgment because the record contains material factual disputes regarding whether the driver was operating the rented van with the owner's permission.
Authoring Judge
Judge William C. Koch, Jr.
Originating Judge
Ellen H. Lyle
Case Name
American National Property & Casualty Companies v. James E. Roberts, et al.
Date Filed
Dissent or Concur
No
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