Assurance Co. of America v. Bell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the stationary vehicle was not in use at the time of the accident when the infant pulled the emergency brake which caused the vehicle to roll downhill
• holding that a vehicle was not in “use,” within the meaning of an exclusionary clause, because it was not being utilized in its ordinary function, but was rather employed as a playpen, at the time of the accident
• original implied acceptance of liability by insurer despite lack of written notification, followed by a pre-trial denial of liability for lack of coverage rather than lack of written notification
• “The fact that the child unwittingly released the emergency brake while playing around the automobile is not such operation or use of the car as a motor vehicle as is contemplated by the 11 exclusionary provision.”

Source: CourtListener parenthetical corpus (CC0).