Johnson v. Sentry Insurance

COWART, Judge.

A mother, appellant, was the insured in an insurance policy, issued by appellee insurance company, which excluded her from recovering uninsured motorist benefits for the death of her son (caused by an uninsured motorist) if the son were the owner of a car at the time of his death. The certificate of title to another certain motor vehicle listed the mother and her son as owner, thereby creating a presumption that the son was an owner of that car.

To avoid summary judgment on these facts the mother, by affidavit and deposition, stated, in effect, that she caused the son's name to…