Duncan Auto Realty, Ltd. v. Allstate Ins. Co.

How courts have described this case

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

• holding that “since courts have no power to create insurance coverage where none otherwise exists, ... we must give this unambiguous contract of insurance its effect as written”
• noting that for coverage to exist under the policy, an insured person must be using an insured auto
• stating that \courts have no power to create insurance coverage where none otherwise exists\
• finding insurance contact, including its “temporary substitute automobile” provision to be unambiguous
• “[T]he owner of the temporary substitute vehicle, not its user, possesses the authority to define the scope of permissible use of the substitute vehicle.”
• “[T]he owner of the temporary substitute vehicle, not its user, possesses the authority to define the scope of permissible use of the substitute vehicle.”

Source: CourtListener parenthetical corpus (CC0).