Brown v. Colonial Penn Insurance Co.

The plaintiff in a personal injury action appeals a final summary judgment for the defendant, Colonial Penn Insurance Company, finding no coverage for uninsured motorist (UM) benefits. We reverse because a material issue of fact remains unresolved regarding whether the driver was using the car with the owner’s permission.

The plaintiffs motion for summary judgment was based on the assertion that, under the terms and conditions of the Colonial Penn policy, the car in which the injured minor was a passenger was not an insured car for purposes of UM coverage because the driver of the car did not…