Insurance Company Has No Duty To Defend Stranger Operating Insured's Car

MERCURY INSURANCE COMPANY OF ILLINOIS v. SMOROVSKY, Dist. Court, ND Illinois 2012 - Google Scholar:

The court granted summary judgment to the insurance company on the ground that the driver of the car, Smorovsky, did not have permission to use the vehicle.  The opinion does not explain how Smorovsky managed to get the car started, whether he had a key or whether the car had been stolen.  There is a hint that Smorovsky was a garage attendant where the car was garaged.

In any event, because he was not an insured under the policy, Smorovsky had no coverage and the insurance company had no duty to defend.

Edward X. Clinton, Jr.

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