Preview:

IN THE COURT OF APPEALS OF IOWA No. 0-821 / 10-0907 Filed December 22, 2010

SHANE TAYLOR, Plaintiff-Appellant/Cross-Appellee, vs. PEKIN INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.

In an action seeking the recovery of uninsured motorist benefits, Shane Taylor appeals an order granting summary judgment in favor of Pekin Insurance Company. AFFIRMED.

Thomas W. Lipps of Peterson & Lipps, Algona, for appellant. Kermit B. Anderson of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellee.

Heard by Mansfield, P.J., and Danilson and Tabor, JJ.

2 MANSFIELD, P.J. I. Introduction.

This case tests the proposition of whether an individual who receives a demonstration vehicle from his employer on the express written condition that he will be the only driver, and who then allows a friend to drive him in that vehicle, is "using that vehicle without a reasonable belief tha t the person is entitled to do so." Because we agree with the district court that the quoted language applies in this case, and that it bars the plaintiff from any insurance recovery, we affirm the courts grant of summary judgment to the insurer. II. Facts and Procedural Background.

The facts of this case may be simply stated. Plaintiff Shane Taylor worked at Clear Lake Ford, L.L.C., a car dealership, as its business manager. Clear Lake had assigned a 2005 Chevy Trailblazer to Taylor as a "demonstration" vehicle. Under Clear Lakes written policies, which Taylor admitted he had

received and signed, the vehicle was not to be driven by anyone other than Taylor. On the evening of November 25-26, 2005, Taylor and a co-employee, Ryan Didio, met at Taylors apartment. With Taylor driving the 2005 Blazer, and Didio riding as passenger, they proceeded to several bars where they consumed alcoholic beverages to the point of intoxication. At some point, Taylor announced he could no longer drive because he was too intoxicated to do so. He then permitted Didio to drive his demonstrator vehicle. As they were returning to

Taylors apartment, Didio drove the vehicle off the road and into a retaining wall,

3 resulting in injuries to Taylor. Didio was charged with and pled guilty to operating a vehicle while intoxicated. Taylor sued Didio, Clear Lake, and Clear Lakes insurer, Pekin Insurance Company. Didio had no insurance. Clear Lake was granted summary judgment on the ground that the 2005 Blazer, at the time of the accident, was not being operated with the consent of the owner. See Iowa Code

Download SHANE TAYLOR, Plaintiff-Appellant/Cross-Appellee, vs. PEKIN INSURANCE COMPANY, D

Iowa Law