Progressive Insurance v. Kelly

Beasley, Judge.

Appellant Baine was injured in an automobile collision while he was a passenger in a car owned by appellee Kelly and driven by Kelly’s son. In a suit brought by Baine and his insurer, appellant Progressive, Kelly moved for summary judgment. By affidavit he swore that at the time of the collision his son was not a member of his household, had no authority or permission to drive the car, and was not acting on his behalf but rather was using the car for the son’s own purposes. Baine’s opposing affidavit stated that “as far as I know,” the driver was residing with his father on the…