'Permissive User' of an Auto Not Owed Coverage by Auto Owner's Insurer
When two policies are involved in an auto loss, which policy provides coverage?
January 15, 2024 at 05:37 AM
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The Supreme Court of Ohio ruled that the responsibility to provide auto coverage for the driver of a borrowed car rests solely on the driver’s insurer and not the owner’s insurer. The case is Acuity v. Progressive Specialty Ins. Co., 2023 Ohio LEXIS 2066 (Ohio 2023).
Ashton Smith borrowed a friend’s car with permission and was involved in an auto accident. Smith was insured through his father’s auto policy with Acuity because he was listed as a driver; he was also considered a “permissive user” through his friend’s policy with Progressive for the vehicle involved in the accident. The policies had identical limits.
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