Payne v. Erie Insurance Exchange

WATTS, J,

concurring, in which HARRELL and BATTAGLIA, JJ, join.

Respectfully, I concur in the judgment only.1 I would hold that, where a named insured has expressly prohibited a second permittee from driving a vehicle, coverage under an omnibus clause may extend to the second permittee only if, at the time of the accident: (1) the first permittee is in the vehicle; (2) the second permittee is using the vehicle for some purpose or benefit of the first permittee; and (3) the use of the vehicle is within the scope of permission for use that the named insured granted.

*400After a thorough review of the…