State Farm Mutual Automobile Insurance Co. v. Murphy

Declaratory judgment action filed by insurer of owner of vehicle driven by permissive user in multi-vehicle collision. Insurer sought declaration that it did not owe obligation to defend or indemnify driver's estate under a $1 million umbrella policy issued to vehicle owner that was effective at time of accident. Driver was not an insured under the umbrella policy, and thus insurer had no duty to defend or indemnify driver's estate.  Vehicle owner's use of vehicle, as a passenger, is not sufficient to trigger coverage for driver.(HUTCHINSON and SPENCE, concurring.)