Brian Ferguson, a cable installer, lent his wife, Angella, the van provided by his employer, the cable company KTS, and she got into an accident. The other parties in the accident (“Plaintiffs”) sued, and claimed coverage under KTS’ insurance policy with Penn National Insurance (“Defendant”). Brown et al. v. Penn National Security Insurance Company dba Penn National Insurance, No. 1:12CV-1204, U.S. District Court, M.D. North Carolina.
A Magistrate Judge heard the motion by Defendant for summary judgment and made a Recommendation to the U.S. District Judge who was in charge of the case.
The Magistrate Judge’s Recommendation was to grant the motion in part in favor of Penn National, finding no coverage under the insurance policy (“the Policy”). However, the Magistrate Judge also recommended denial of the motion in part, finding there was a genuine issue of fact whether there was coverage under North Carolina’s Motor Vehicle Safety and Responsibility Act of 1953 (the “Act”), N.C. Gen. Stat. sections 20-279.1 et seq., as amended.