The third party insurer brought a motion for summary judgment seeking dismissal of a third party claim brought by another insurer in a motor vehicle accident action.
The dispute concerned whether the moving insurer had an obligation to indemnify the driver under a policy issued to his father where the vehicle had been transferred into the driver’s name prior to the collision.
The responding insurer argued the policy applied either through statutory absolute liability provisions or because the driver was an insured operating the vehicle with the named insured’s consent.
The court held that material factual disputes remained regarding common law ownership of the vehicle and whether the driver had express or implied consent to operate it.
Because these issues required additional evidence, particularly from the named insured, summary judgment was not appropriate.
