Justin Moore was employed by GTECH as a lottery machine service technician. GTECH provided him a service van that was to be used only for business-related activity and no personal use. One morning two men arrived to repossess Justin’s Mustang. He strongly objected and fired at them with his shotgun. He used his GTECH van to pursue them as they attempted to escape. Both vehicles collided and one man was killed and the other injured as the shotgun fired accidentally during the collision.

Travelers Insurance, GTECH’s carrier, denied coverage when the injured man and the estate of the deceased sued GTECH. Travelers argued that Justin Moore was not an insured at the time of the loss because he did not have permission to use the vehicle in the manner in which it was used.

The plaintiffs argued that the van was provided to Justin Moore by GTECH and therefore he had permission to use the vehicle as he chose.

The initial court agreed with the plaintiffs and Travelers appealed.

The appeals court reviewed permissive use statutes and agreed with Travelers that while GTECH did provide Justin with the vehicle and may have permitted some personal use, it did not give Justin permission to use it as a pursuit vehicle in furtherance of a crime.

763 F.3d 1265, United States Court of Appeals, Eleventh Circuit. Travelers Property Casualty Company or American, Plaintiff-Appellant vs Justin Maurice Moore, Willie Thackston, The Estate of Brandon Thomas, Brandy Thomas, surviving spouse of Brandon Thomas deceased, Defendants -Appellees. No 13-14413. August 14, 2014