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08/16/83 JESSE S. CANO AND JOYCE CANO v. TRAVELERS

August 16, 1983

JESSE S. CANO AND JOYCE CANO, APPELLANTS,
v.
TRAVELERS INSURANCE COMPANY, RESPONDENT



From the Circuit Court of Clay County; Civil Appeal; Judge R. Kenneth Elliott.

The opinion of the court was delivered by: Blackmar

This case was argued immediately following Hines v. Government Employees Insurance Company, 656 S.W.2d 262 (Mo. banc 1983). Much of what we say there is applicable here.

The plaintiff Jesse Cano was an automobile salesman employed by John Chezik Buick, Inc. (Chezik). He was furnished an automobile owned by his employer for business and personal use. He was allowed to take it home when he was off duty, and even to leave it at home while he was working. *fn1 There was evidence that the automobile was held out to him as a fringe benefit at the time he was hired. He apparently had no other family car. The car carried dealer plates issued to Chezik, and Jesse had access to other dealer's plates for use on demonstrator automobiles sometimes loaned to prospective customers.

The policy in question provided uninsured motorist coverage as to "any automobile owned by the Named Insured," which, of course, was Chezik, and "any highway vehicle to which are attached dealer's license plates issued to the Named Insured." The uninsured motorist provisions of the policy read as follows:

UNINSURED MOTORIST INSURANCE ENDORSEMENT

A. INSURING AGREEMENT

Coverage U - Uninsured Motorist - Damages or Bodily Injury - The Travelers will pay all sums which the Insured * * * shall be legally entitled to recover as damages from the owner or operator of an uninsured highway vehicle because of bodily injury sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured highway vehicle; * * *

C. PERSONS INSURED

Each of the following is an insured under this insurance to the extent set forth below:

1. The Named Insured and any Designated Insured and, while residents of the same household, the spouse and relatives of either;

2. Any other person while occupying an insured highway vehicle; and

3. Any person with respect to damages he is entitled to recover because of bodily injury to which this insurance applies sustained by an insured under 1. or 2. above.

The insurance applies separately with respect to each insured, except with respect to the limits of ...


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