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MOTORISTS MUT. INS. COS. v. GREAT LAKES LABS.

June 16, 1988

Motorists Mutual Insurance Companies, Plaintiff
v.
Great Lakes Laboratories, Inc., William S. Moller, Michael Moller, Christopher Salchak, and Ernest H. Wollesen, Administrator of the Estate of Ernest E. Wollesen, Defendants



The opinion of the court was delivered by: WEBER

 Plaintiff Motorists Mutual Insurance Companies is seeking a declaratory judgment that under the terms of an insurance policy issued to defendant Great Lakes Laboratories, it owes no coverage for claims arising out of an auto accident. The case is currently before us upon plaintiff's motion for summary judgment.

 FACTS

 On October 1, 1985 plaintiff issued an automobile insurance policy to defendant Great Lakes. The policy listed William Moller (President) and Tim Ekstrom (Vice President) under the heading "driver description." The covered vehicles included a 1983 Renault which was purchased by William Moller for his son Michael's personal use. Michael was a student at Alliance College, and kept the car at his apartment near school, often using it to travel home to Erie, Pennsylvania on weekends. Michael was instructed by his father that he was not allowed to let anyone else drive it, and prior to December 6, 1986, Mr. Moller was only aware of one occasion in which Michael had. Upon learning of it, he again informed Michael that he was not to let anyone else drive the car.

 In the early morning hours of December 6, 1986, Michael along with Christopher Salchak and Ernest E. Wollesen were at a party at a Red Roof Inn just outside the city of Erie. Wollesen asked for a ride to an after-hours establishment called "Pap's A.M." Michael, who had signed for the room at the Red Roof Inn, gave Salchak the keys to the Renault and asked him to give Wollesen a ride and to come right back. At approximately 3:00 A.M., on the way there, however, Salchak went off the roadway and hit a telephone pole. Wollesen died from injuries sustained in that crash.

 DISCUSSION

 The sole issue presented for our review is whether the policy issued to Great Lakes was in full effect at the time of the December 6, 1986 accident. Plaintiff alleges that it was not, due to the fact that the driver, Christopher Salchak operated the car without the permission from the "named insureds". In support of their position, plaintiff relies upon the language contained in "Section A" of the policy, entitled "Basic Automobile Liability Insurance," which states in pertinent part that:

 
1. COVERAGE A-BODILY INJURY LIABILITY
 
COVERAGE B-PROPERTY DAMAGE LIABILITY
 
The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of
 
bodily injury or property damage
 
. . .
 
III. PERSONS INSURED
 
Each of the following is an insured under this insurance to the ...

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