What could go wrong with a young driver, with her own auto insurance, needing to get back home from a party? Wait, we're not done. The quest to return home occurs at night, the driver is only 18, she's physically ill from drinking too much alcohol and is unable to operate her car. Finally, her passenger is several years younger than the driver and only has a learner's permit.
Well, that's a lot going on and the situation grew worse. The car's owner/driver passed out but, before doing so, also mentioned that she wanted to go home but did not wish to abandon her car. The former passenger attempted to drive them home. However, she ended up in a one-car accident. The night was snowy, the roads were tough to navigate and she crashed the vehicle.
The insurer denied coverage. The permit-holding teen thought her older friend's statements gave her permission to drive the car. Upon later questioning, the car owner did not recall giving actual permission. The insurer relied on its policy wording to classify the loss as ineligible.
Please click here for more details, including the court's take on the insurance company's position.