(California Court of Appeal) - In a lawsuit against GEICO for breach of contract,bad faith, and declaratory relief, and arising out of the insurer's refusal to insure an accident involving a van owned by the employer of the driver,the trial court's grant of summary judgment to the insurer, finding as a matter of law there was no coverage under the non-owned auto clause since the driver had nearly unlimited consume of the van, and is affirmed where under the circumstances of this case,since the driver was able to consume the van for both commerce and personal purposes, and her personal consume of the van at the time of the accident was not a departure from its customary consume, or the van was furnished to driver for her regular consume and there is no coverage under the GEICO policy.
Source: findlaw.com