Gaither v. State Farm Fire & Casualty Co.

Andrews, Chief Judge.

In this declaratory judgment action, the trial court held that Andrew Henderson was not a “permissive driver” of a van belonging to his mother, Hattie Mae Henderson, and insured by State Farm Fire & Casualty Company (State Farm). The court granted summary judgment to State Farm and ruled the insurer had no duty to provide coverage for claims against Andrew arising from his use of the van intentionally to kill Cynthia Gaither, his children’s mother. Cynthia’s administrator, Amma Gaither, sued Andrew and Hattie Mae for *331wrongful death.1 The court found that although…