Civil Litigation
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Lancer Insurance Co. v. Gomez
26 Fla. L. Weekly D2509 (Fla. 3d DCA Oct. 17, 2001)
The court found that the purpose of a non-owned insurance clause in an insurance policy is to provide coverage to the insured while engaged in infrequent or casual use of an automobile other than one described in the policy. If courts were to hold otherwise, then there would be no reason to specifically list automobiles to be covered on an insurance policy or, more importantly, pay the premiums on specific automobiles, as all automobiles that are used in a business could fall under this non-owned business clause. A non-owned auto clause is not designed to exempt the insured from paying premiums on vehicles that are regularly used, but rather to provide coverage for automobiles that are used in infrequent emergency circumstances.
The insurance policy in this case provided liability coverage for bodily injury caused by the ownership, maintenance, or use of a covered auto. Injuries to the Plaintiff resulted from the use of the highjacker
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