Marchand ex rel. Marchand v. Safeco Insurance Co. of America

I cannot agree with the result reached in the principal opinion. I do not believe that a passenger in an uninsured automobile is necessarily “using” the automobile, under the terms of the policy now before us. Nor do I believe such a passenger is excluded from uninsured motorist coverage there provided if he cannot demonstrate that he does not have the owner’s permission to ride in the car.

Our Supreme Court has taken notice of the realities in the drafting of insurance policies. The insurance company chooses the language of the policy. The overwhelming majority of insurance contracts are…