Academic journal article Journal of Risk and Insurance

Verriest V. INA Underwriters Insurance

Academic journal article Journal of Risk and Insurance

Verriest V. INA Underwriters Insurance

Article excerpt

James Curley Pierce was involved in an auto accident resulting in the death of one person and serious injuries to another. The question involved was whether the INA insurance policy covered Pierce for liability arising out of the accident.

Pierce's cousin, James, purchased a car for $150. Apparently, he purchased the car for Pierce, and Pierce was to repay him. The owner of the car, Mr. Janulewicz, accepted the $150, removed the license plates from the car, and signed and dated a certificate of title; however, he left the name of the owner blank. He gave the certificate and keys to James, who turned the keys and certificate of title over to Pierce. The car was to remain at James's detailing lot until Pierce was able to pay for and register the car. With James's permission, Pierce performed repair work on the vehicle. James contacted his insurance agent and arranged a meeting at which Pierce was to have insured the car. Unfortunately, this meeting was to have occurred the day after the accident.

Prior to the accident, James left town and left Pierce in charge of his business. Pierce removed from a locked drawer in James's office the automobile dealer plates and put them on the vehicle. James and Pierce agreed that Pierce had received no authorization to use the plates. Pierce went out drinking with a couple of friends and caused the accident resulting in the death.

James and his business were insured under a business auto policy issued by INA. …

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