Vehicle Available for Regular Use?

Insured's legal residence is Rhode Island . Her son lives in Florida . Insured spends the winter in Florida and stays with her son. Insured is allowed to drive the son's vehicle as needed while she is staying with him. The son lists the insured as a driver on his personal auto policy. Insured has an accident with the vehicle and the son's insurance is not in effect. Insured is making a claim against her policy for the damage to the son's vehicle.

Question: Is the son's vehicle available for her regular use (see definition of non-owned auto). If it meets the definition, the son's vehicle damage is covered. If it does not meet the definition, the son's vehicle damage is not covered.

New York Subscriber

A non-owned auto is a vehicle not owned by or furnished for the regular use of you (the named insured) or a family member. The fact that the insured spends the winters in Florida and is listed on her son's policy indicates that the vehicle is provided for her regular use. Even though she does not have access to the vehicle year round, she regularly has access to the vehicle for an extended period time, and is listed on his policy.

Therefore the son's auto does not fit the definition of non-owned auto, and there is no coverage under the insured's policy for physical damage to the son's auto.

 

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