INSURED’S USE IS NOT A REGULARLY FURNISHED VEHICLE

Personal Automobile	Regular Use
Non-owned Auto

A collision occurred between an auto driven by Debreille Morgan and one driven by Nora Breedlove, with the latter being found at fault. Breedlove was driving a car belonging to Ellsworth Whitaker and, at the time of the collision, Whitaker was a passenger.

Whitaker’s insurer, Allstate Insurance Company, sought Breedlove’s auto insurer’s (Farm Bureau Insurance Company) participation in Morgan’s claim. Farm Bureau declined and sought summary judgment. The insurer alleged that its policy did not have to respond in the claim since Breedlove was operating a car that was regularly available to her, so coverage was excluded. A lower court found in favor of Morgan and Breedlove’s estate and Farm Bureau appealed.

The higher court examined some previous cases it judged were relevant along with reviewing the information involving Breedlove’s use of Whitaker’s car. In its opinion, Breedlove did regularly use Whitaker’s car. The two had become friends and an arrangement arose where Breedlove regularly drove Whitaker in Whitaker’s car on medical appointments and on errands. Breedlove also, with Whitaker’s permission, sometimes drove Whitaker’s car on errands for herself. However, the court did not believe that the situation involved Breedlove having a car that was regularly furnished for her use. The lower court ruling was affirmed.

North Carolina Farm Bureau Mutual Insurance Company, Inc., Plaintiffs v. Debreille Morgan and Michael E. Breedlove, Executor for the Estate of Nora Breedlove, Defendants. Court of Appeals of North Carolina. No. COA08-1206. April 21, 2009. Affirmed. Westlaw, 675 S.E. 2d. 141