American States Insurance v. Gawlicki & Hussey, Inc.

This action was brought by plaintiff American States Insurance Company for a declaratory judgment that a van driven by an employee of defendant Gawlicki and Hussey, Inc., was not a “non-owned” vehicle under defendant’s policy. The trial court granted plaintiff’s motion for summary judgment. We reverse and remand.

From the pleadings, depositions, and affidavits, the following facts were established. In 1986, Edward Gawlicki bought a van. Title was held in the names of Gawlicki and his wife. Gawlicki made the payments on the van and paid the expenses for the van. Gawlicki used the vehicle in his…