Metropolitan Property & Casualty Insurance v. McCall

For the reasons stated in Judge Ozburn’s order denying summary judgment, I must respectfully dissent. While the judge found that Jason McCall was not a “relative” entitled to coverage under the terms of the policy, he further found that a genuine issue of material fact exists regarding whether Jason was driving the vehicle with the permission of the named insureds. The trial judge analyzed the issue as follows:

Defendant Jason McCall testified that his father and stepmother had told him not to “get caught” driving the vehicle or Lacey Bush would no longer be allowed to borrow the car and that…