In this column, we follow up and expand upon several issues that we first raised in previous articles in this space.
In our last column,1 we addressed several issues concerning the “use” of a motor vehicle, and how that term is defined in various contexts. Another term that frequently appears in statutes and policies pertaining to motor vehicles—often in conjunction with the term “use”—is “operation.” One of the more interesting issues addressed by the courts involves the question of whether the actions of motor vehicle passengers can constitute the “operation” of the vehicle so as to bring the passengers within the vehicle’s liability coverage.
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