Court Decision: State Farm v. Linton
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Kennebec County Superior Court Justice Nancy Mills found that State Farm did not have to provide insurance coverage for an accident that killed one motorist, James Carey. State Farm brought a declaratory judgment action against Roger Linton, who was driving a vehicle owned by his employer and insured by State Farm, and also against the Estate of Mr. Carey.
An independent contractor working for Jonathan Jennings. d/b/a Forgotten Stoneworks, Mr. Linton was given use of a company truck to drive back and forth to work. Although prior to the accident, Mr. Linton had used the vehicle on occasion for personal use, such excursions were to be very limited.
On the day of the accident, Mr. Linton had permission to drive a company flatbed truck to his home and drive it to work the next day. Mr. Linton, however, drove to his girlfriend's house, then to a store where he drank two 16-oz. beers. From there he went to Hallowell, Winthrop, and Farmingdale. Then, on his way to Chelsea, to visit a friend's nephew, he collided with Mr. Carey, 20 miles from his home and 20 miles from the job site. His blood alcohol level was .12%.
Mr. Linton admitted that had he known ahead of time, Mr. Jennings would not have consented to his use of the vehicle in this manner on the day of the accident.
Justice Mills found that the Estate of Carey had the burden of proof to show it was more likely than not that Mr. Linton's operation of the flatbed truck was within the scope of consent by Mr. Jennings regarding use of the vehicle. Maine follows the "minor deviation" rule which provides that use is "within the scope of consent" if "the actual use is primarily for the purpose for which permission was given and there are no more than minor deviations as to time and place of operation."
Here, Justice Mills held that Mr. Linton went so far beyond the time, distance, and purpose of his permitted use that his conduct could not be called a "minor deviation" from the scope of consent. Accordingly, she concluded that Mr. Linton was not an insured under the State Farm policy covering the flatbed truck and the insurer had no duty to defend the action by the Estate or to indemnify Mr. Linton on any claims by the Estate of Carey.
John Wall represented State Farm and Dan Kagan was attorney for the Estate of Carey.
State Farm v. Linton Judgment:
www.mainepersonalinjurylaw.com/uploads/file/st farm v Linton(1).pdf
