382 P.2d 884 | Utah | 1963
Appeal from a no cause of action judgment at pretrial where the parties stipulated that Mann’s deposition was the only evidence in the case. Affirmed. Costs to' defendant.
Plaintiff had a policy that provided two-things germane to this case: 1) To pay for damage arising out of operation of the-insured’s car or “any nonowned automobile” which means 2) “an automobile * * not owned or furnished for the regular use of the * * * insured, * * * other than a temporary substitute automobile.”
The conceded evidence showed that plaintiff used his cousin’s truck to haul hay for the latter’s horses, and to go to work whenever he wished. He had access to the truck at times when it was not being utilized by his cousin, the key being left in the ashtray for his use. This custom had persisted for at least 6 months to a year, and plaintiff’s insured car was available at this time for himself and/or his wife.