Allied Group Insurance v. Garcia

JOHNSON, Justice.

This is a motor vehicle liability insurance case.

The issues presented concern an insurance policy that covers family members while driving an insured vehicle, but excludes anyone driving an insured vehicle without a reasonable belief that the person has permission to do so.

We hold:

1. The insurance policy is not ambiguous.

2. The policy violates I.C. § 49-1212(l)(b) by limiting coverage to persons driving the insured vehicle with a reasonable belief of permission to do so.

3. A genuine issue of material fact exists whether the driver of the insured vehicle had implied permission…