The plaintiffs sought summary judgment for a declaration that Economical Insurance held a valid and enforceable policy for a vehicle involved in a motor vehicle accident that caused catastrophic injuries to one of the plaintiffs.
Economical brought a cross-motion for a declaration that any claim regarding the accident was invalid and the right of recovery forfeited, citing the insured's failure to disclose material changes in risk, including the driver's G2 license status, a license suspension, and exclusive possession of the vehicle.
The court found that significant credibility issues regarding the driver's residency and vehicle use precluded a determination by summary judgment.
Instead of dismissing the motions, the court directed a "mini-trial" under Rule 20.04(2.2) to resolve these specific factual disputes.
