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Trial Court Enforces Non-owned And Regular Use Exclusion For Liability Issue

Posted on Dec 19, 2012

A trial court in Allegheny County recently addressed an important insurance coverage issue in a case involving a Central Pennsylvania car accident.  In USAA Cas. Ins. Co. v. Farnan, No. GD-10-012458 (Allegheny Co. Nov. 7, 2012) the non-owned and regularly used exclusion is asserted in the liability setting. In this case, a claim was made upon the policy of a driver’s wife after he caused a car accident while operating his state provided vehicle.

The tortfeasor Farnan caused an accident which resulted in injuries. At the time of the accident, he was operating his non-owned and regularly used vehicle provided to him in his employment with the Commonwealth. The tortfeasor Farnan’s wife had a personal policy with USAA which had an exclusion which stated that liability coverage is not provided for any vehicle that is furnished for the regular use of a driver.

In this case, the non-owned vehicle is the vehicle owned by the Department of General Services. The trial court enforces the exclusion and holds that USAA has no obligation to defend Farnan on his wife’s personal policy. Anyone who desires a copy of the opinion can feel free to email Scott Cooper at Schmidt Kramer Pennsylvania Car Accident Lawyers at [email protected] or call him at 717-888-8888.

If you have been injured in a Pennsylvania car accident or a loved one has been injured or killed in a car accident contact Schmidt Kramer Car Accident Lawyers at 717-888-8888 and we will answer any questions you have about the Pennsylvania car accident and the legal rights you may have due to the personal injury and losses involving any Pennsylvania car accident, especially if you may need a lawyer. Don’t wait, call 8.

Also, download our booklet on Who Pays Your Medical Bills When You Are Injured in A Car Accident?