Allstate Insurance v. Sapp

Judge Harold R. Banke.

Allstate Insurance Company appeals the denial of summary judgment on its declaratory judgment action which sought a determination of coverage on an insurance policy issued to B. Robert Sellers. Allstate raises two enumerations.

While alone at his uncle’s house, Richard Pratt, then 16, became bored and decided on an impulse to use his uncle’s 1984 Nissan pickup truck without permission. Pratt mistakenly believed he could slip back before his uncle returned home. Pratt testified that although he knew he needed Sellers’ consent to drive the truck, he did not attempt to…