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Uninsured Motorist Insurance Coverage; Construction of Policy Provisions

Cowart v. GEICO Casualty Co., [Ms. 1171126, Oct. 25, 2019] __ So. 3d __ (Ala. 2019). The Court (Mitchell, J.; and Parker, C.J., and Shaw, J., concur; Bryan and Mendheim, JJ., concur in the result) issues a plurality opinion reversing a summary judgment entered by the Mobile Circuit Court upon concluding that a GEICO uninsured motorist insurance policy could afford uninsured motorist coverage to a wife when struck by her husband while operating her individually-owned vehicle given the language in the policy excluding from the definition of an "insured auto" "an auto being used without the owner's permission." Because the wife presented substantial evidence that the husband had gifted the automobile to her, that she alone used the automobile, and that on the occasion when she was injured she told her husband not to use that automobile, the Court concludes there are genuine issues of material fact precluding entry of summary judgment.

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