Rhiner v. State Farm Mutual Automobile Insurance

PeR Cueiam.

The case of Hawley v. Insurance Co., 257 N.C. 381, 126 S.E. 2d 161, contains a full discussion of the rules governing permission which will effectuate coverage under the usual omnibus clauses in liability insurance policies. This jurisdiction has thus far adopted the moderate or “minor deviation” rule, i.e., “A material deviation from the permission given constitutes a use without permission, but a slight deviation is not sufficient to exclude the employee from the coverage under the omnibus clause.” This permission may be either express or implied. Hawley v. Insurance Co., supra.

In…