Close v. Ebertz
North Dakota Supreme Court
583 N.W.2d 794 (1998)
- Written by Rich Walter, JD
Facts
American Economy Insurance Company (American) insured John Ebertz (defendant) and family members residing in his household against automobile liability. American’s policy contained a nonpermissive-use clause excluding coverage for any person using an insured vehicle without a reasonable belief that he or she was entitled to do so. While driving Ebertz’s van without Ebertz’s permission and without a driver’s license, Ebertz’s 15-year-old son, Dominic, crashed into a vehicle driven by Clifford Close (plaintiff), who sued Ebertz for damages. American invoked the nonpermissive-use exclusion to deny coverage for Close’s claim. Ebertz sued American, and the trial court ruled in his favor. American appealed to the North Dakota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sandstrom, J.)
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