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Thursday, January 26, 2012

REPOSSESSION SPECIALISTS, ET AL. VS. GEICO INSURANCE COMPANY ANNETTA JACKSON VS. REPOSSESSION SPECIALISTS INC., ET AL.

REPOSSESSION SPECIALISTS, ET AL. VS. GEICO INSURANCE           COMPANY 
          ANNETTA JACKSON VS. REPOSSESSION SPECIALISTS INC., ET           AL.           A-2712-10T1 
     Interpreting the omnibus clause of a personal automobile insurance policy, the court determines that an entity that repossessed the policy holder's automobile after the policy holder defaulted under a secured car loan, was not a user "with permission" under the policy and therefore was not entitled to coverage.  The court reasons that the repossessor's use was not permissive because the repossessor's use was as of right under both the installment credit agreement and the Uniform Commercial Code, and the policy holder lacked the power to revoke the repossessor's right to use.  The court therefore affirmed the 
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trial court's grant of summary judgment to the policy holder's insurer.  01-12-12