ASSOCIATED INTERN. INS. CO. v. BLYTHE

No. 01-20298.

286 F.3d 780 (2002)

ASSOCIATED INTERNATIONAL INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee, v. Boyd BLYTHE, et al., Defendants, Boyd Blythe; Christopher Shawn Wood, Individually and as Representative of Slade Zacharia Wood, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing April 16, 2002.


Attorney(s) appearing for the Case

Kathleen Hopkins Alsina, Joseph Anthony Ziemianski, Phelps Dunbar, Houston, TX, George B. Hall, Jr. (argued), Phelps Dunbar, New Orleans, LA, for Associated Intern. Ins. Co.

Timothy Dennis Riley, Riley Law Firm, Houston, TX, for Boyd Blythe.

Kevin Joseph McEvily, McEvily & Flowers, Houston, TX, for Christopher Shawn Wood.

Before DAVIS, WIENER and BARKSDALE, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

The question we must decide in this case is how broad a meaning we should attribute to the phrase "using with your permission the covered auto" in an automobile liability policy. The district court concluded that a person to whom general custody of a vehicle was given was not an omnibus insured and therefore not covered when he negligently entrusted the vehicle to another person whose negligent operation caused injury. We disagree and...

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