Belasco v. Nationwide Mutual Insurance

JOHNSON, Judge.

This appeal concerns the question of whether a third party, operating a motor vehicle with the permission of one given possession of the motor vehicle by the owner of the vehicle with specific instructions not to allow a third person to operate the vehicle, was in lawful possession of the vehicle within the meaning of G.S. 20-279.21(b)(2). The trial court, in granting summary judgment for defendant, held that the third party did not have lawful possession of the vehicle; therefore, defendant was not liable under the owner’s automobile liability insurance policy. For the…