Christensen v. Milbank Insurance Co.

OPINION

ANDERSON, Russell A, Justice.

In this case, we are asked to interpret the scope of the initial permission rule which provides that when a named insured initially gives another permission to use a vehicle, subsequent use, short of conversion or theft of the vehicle, remains permissive even though the use is outside the initial grant of permission. We hold, in the context of the “theft or conversion” exception to the initial permission rule, that the intentional dominion or control necessary for “conversion” cannot be shown by accidental destruction of the vehicle in a collision. Further,…