Lawsuit Filed Against Auto Insurance Company for Denying Claim to "Regular Operator"
My client owns an HVAC business and insures his business and two vehicles through Infinity Insurance. His son had an accident while driving one of his business vehicles. The son rarely drives that vehicle. There was damage to the company vehicle, and claims have been presented against the HVAC business for damages.
Infinity denied the claim, on the basis that the policy excludes coverage for "regular operators" of company vehicles who are not disclosed to Infinity. Prior to this crash, the son had driven the vehicle in question only a few times. "Regular Operator" is not defined in the policy, however, numerous cases define "regular operator" as someone who repeatedly drives a vehicle which is generally available to his use. This case does not fall into that definition.
As a result, I filed a declaratory judgment action against Infinity Insurance seeking a declaration from the court that this accident is covered.
As with most cases such as this, if I win, the insurance company will pay all my fees and costs, and if I lose, I'll work for free.
