Student Driver a Permissive User of State’s Car & is an Insured

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Too Little, Too Late

In October 2016, Mary R. Evans was a student driver enrolled in a high school driver’s education course. Driving lessons utilized vehicles provided by the high school and owned by the State. These State-owned vehicles were outfitted with brake pedals for both the student driver and for the driving instructor, who was responsible for the unlicensed student driver’s safety. On October 28, 2016, Evans was operating a vehicle under the supervision of driving instructor, Perkins-Johnson. Evans and Perkins-Johnson were involved in an accident with another car (the “Accident”). At the time of the Accident, Perkins-Johnson was employed by the State as a driver’s education instructor for the Red Clay School District. Perkins-Johnson was injured in the Accident.

In State Of Delaware Insurance Coverage Office v. Diona Perkins-Johnson, Mary R. Evans, and The Travelers Home And Marine Insurance Company, C. A. No. N19C-10-260 MMJ, Superior Court of Delaware (August 19, 2021) the state, after defending the student driver for three years tried to pass the obligation to her parents’ insurer by bringing a declaratory relief action.

ZALMA OPINION

This case teaches that where there is a dispute between insurers it is incumbent on the parties to act promptly, fairly and in good faith. The state failed to do so. It provided coverage under its policy to Evans without reservation and defended her for a long time before its slothful investigation found that Travelers might also insure Evans. Too little, too late.