Dude, That’s Your Car: “Ownership” is Determined by Right to Use Vehicle and Not Actual Use of Vehicle
No-Fault Newsline 07/16/2018
In an unpublished decision, the Court of Appeals in Clayton Cline v Allstate Ins. Co., Docket No. 336299, issued June 21, 2018, ruled that the proper focus for determining whether a person is an “owner” for purposes of the No-Fault Act is on the nature of the person’s right to use the vehicle, and not whether he actually used the vehicle.
Plaintiff in Cline was able to create a fact question as to whether he purchased a truck and whether he actually drove the truck. Plaintiff, however, failed to dispute the testimony concerning the nature of his right to use the truck. Under these circumstances, the undisputed testimony regarding the nature of Plaintiff’s right to use the truck qualified him as an “owner.”
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