Strategies, Challenges, and Answers

An Auto Policy Will Cover The Insured When Driving Someone Else’s Car Unless That Car Is Available For The Insured’s “Regular Use”. Whether The Car Is Available For The Insured’s Regular Use Is Normally A Question Of Fact. But. . .

. . . EVEN THE SLIGHTEST RESTRICTION TO THE LIMITATION OF USE WILL GIVE RISE TO A DUTY TO DEFENDMost auto policies provide an insured person coverage when driving another person's vehicle with that person’s permission.  There is however an exception to that rule.  The exception is that the "non owned" vehicle must not be "available or furnished for the regular use" of the insured person.  There have been two Nevada cases that have considered this issue.  Let’s explore both.The earlier … [Read more...]