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Empire Fire & Marine Ins. Co. v. Daniels

The "rentee" exclusion to the commercial lines excess insurance policy at issue did not apply to the driver of a fatal 1-vehicle accident, since she drove the rental car permissibly and without paying rent.

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Empire Fire and Marine Insurance Company appeals from the trial court’s order granting summary judgment to Joseph and Jacquelyn Daniels on Empire’s Complaint for Declaratory Judgment. Because the trial court correctly held that Shana Carver, the driver of the car involved in the accident in which Joey Allen Daniels was killed and Joseph Patrick Daniels was injured, was an insured under the Empire policy at issue, we affirm. This is the second appearance of this case in our Court. See Carver v. Empire Fire & Marine Ins. Co. , 270 Ga. App. 100 605 SE2d 842 2004.1 The case arose after a single car accident in which Shana Carver, the driver of the car, and Joey Allen Daniels were killed and Haley Mosley, Shana Carver’s daughter, and Joseph Patrick Daniels, both minors were injured. Id. at 100-101.

The car Shana Carver was driving at the time of the accident was a rental car belonging to Carver Services, Inc., a company owned by her husband, James Carver. The company was in the business of selling and renting cars. The company was insured under both a primary and excess commercial lines insurance policy from Empire.

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