Withrow v. Liberty Mutual Fire Insurance

Cacioppo, Judge.

Wesley W. Withrow, plaintiff-appellee, was involved in an automobile accident on September 8, 1988. The vehicle involved in the accident was a van owned by Wayne Backus for use in Backus’s business. Withrow drove the van for the business on a daily basis for over one and one half years. However, at the time of the accident, Withrow was driving the van to his home from a bar where he had been drinking that evening after work.

Withrow was aware that the van was not insured, but did not ask his insurance agent to cover the vehicle in his personal automobile policy.

Following the…