Mahoney v. American Automobile Insurance
Massachusetts Appeals Court
1DissentAgnes, J.
Does an insured have a right to indemnification under her parents’ automobile liability policy for her negligent entrustment of a rental vehicle to an unauthorized operator who causes a collision? The majority says “no” because Part 5 of the policy, entitled “Optional Bodily Injury to Others” (Part 5), requires that the particular operation of the vehicle must be “with the consent of the owner.” However, use with the “permission of the owner,” a phrase appearing in Part 1 of the policy governing compulsory insurance for bodily injury to others, has been interpreted consistently to require no…
2Cases cited33 opinions
- Barnstable County Mutual Fire Insurance v. LallyMassachusetts Supreme Judicial Court · 1978
- Miller v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1935
- Flattery v. GregoryMassachusetts Supreme Judicial Court · 1986
- Bankert Ex Rel. Habush v. Threshermen's Mutual Ins.Wisconsin Supreme Court · 1983
- O'Roak v. Lloyds Casualty Co.Massachusetts Supreme Judicial Court · 1934
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