Catawba Insurance v. Smith ex rel. Estate of Smith

CONNOR, Judge:

Catawba Insurance Company sought declaratory judgment concerning whether Kelvin Jermain Brown was a permissive user of an automobile insured by Nationwide when the car was involved in an accident. The trial court submitted the permissive use issue to the jury, who found Kelvin was driving the automobile with permission at the time. Therefore, the trial court held the Nationwide policy provided liability coverage and required Nationwide to reimburse Catawba for expenses it incurred defending Brown’s estate. Nationwide appeals. We reverse and remand.

FACTS

On October 30,1994, Kelvin…