Estate of Trobaugh Ex Rel. Trobaugh v. Farmers Insurance Exchange

[¶ 42.] I agree with the majority’s analysis concluding there was a lack of express permission by Juffer as to prohibit coverage under the omnibus clause. I disagree, however, with the majority’s conclusion that there is a genuine issue of material fact as to implied permission. Hence, there should also be a dismissal of the negligent entrustment claims. As such, the trial court should be affirmed on all grounds.

Implied Permission

[¶ 43.] Certain facts are undisputed. In the present ease Amy was given conditional permission to operate the Taurus, which was owned, licensed and insured by her…