Country Mutual Insurance v. Universal Underwriters Insurance

Country Mutual Insurance Company (Country Mutual) filed suit against Universal Underwriters Insurance Company (Universal), seeking reimbursement of funds expended defending David Evans, who was involved in a traffic accident while test-driving a vehicle owned by Mike Murphy Ford (Ford) and insured by Universal. Country Mutual, as Evans’ personal insurance carrier, alleged that Universal had primary liability because Evans was driving a third-party vehicle at the time of the accident. Country Mutual filed a motion for summary judgment, which the trial court granted. Universal appeals, claiming…