While driving her friend Ernest Camden’s car, Elizabeth Ann Todd was involved in a collision in Georgia with a car driven by Steve Purvis. Purvis’s passenger, Anthony Bonner, sustained injuries in the wreck, and he sued Todd and Purvis. State Automobile Mutual Insurance Co. “State Auto”, Todd’s automobile insurance carrier, filed a declaratory judgment action against Todd, Bonner, and Purvis, seeking a ruling that it was not obligated to defend Todd because she regularly used Camden’s car, which was not a covered vehicle under the policy. The trial court denied State Auto’s motion for summary judgment, and we granted interlocutory review. Finding that the “regular use” exclusion in Todd’s policy bars coverage as a matter of law, we reverse. To prevail at summary judgment . . . , the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts . . . warrant judgment as a matter of law. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.1 On appeal from an order granting or denying summary judgment, “we conduct a de novo review, construing the evidence and all reasonable conclusions and inferences drawn therefrom in the light most favorable to the nonmovant.”2 So viewed, the record shows the following. The collision occurred on August 16, 2003. Todd deposed that she had borrowed Camden’s car to go on vacation and was driving back to her house in Illinois from a nine-day trip to South Carolina when the collision happened. Todd testified that she was in the midst of a bitter divorce, had been ordered to leave the marital home in September 2002, and began staying with Camden, although she obtained her own place. Todd did not have a vehicle, and Camden allowed her to use his car. Todd testified that Camden had heart trouble and diabetes, so she “was his legs.” Todd used his car to run all of his errands; it was a way for her to earn money during the divorce. Todd testified that although Camden did not pay her a salary, he bought her food and other necessities. Camden had two sets of keys to the car and gave one to Todd to use whenever she drove it. In March 2003, Todd’s husband gave her a truck pursuant to a court order, but she preferred to drive Camden’s car because the truck had mechanical problems and only got six miles to the gallon.
Todd further deposed that at times, she parked the car at her house and drove it when Camden went out of town. Todd testified that when Camden was on the road for work, he might be gone for weeks at a time, and the car “sat at her house” for the duration. When asked whether she drove the car daily, Todd replied: “Regularly, but maybe not a daily basis, but regularly.”
