![]() ![]() Although no direct fee was demanded of passengers, a 25 cent donation was requested. As part of the transportation services, persons over sixty years of age or their spouses, could request transportation to nutrition centers, doctors, shopping, the social security office, the local Department for Human Relations office, and in some counties, the bank. As Glasscock by deposition explains, the aging program extends services to senior citizens in the eight Lincoln Trail Counties, including home meal delivery, transportation, outreach, information, and referral services. Included within its organization is the Aging Office directed by Lois Glasscock, Mouser's immediate supervisor. The Agency is a nonprofit social service agency funded by federal and state government. Under the terms of that policy, no coverage applied while the automobile was being used as a "public or livery conveyance." In addition to the policy issued by AIE, a separate automobile liability policy had been issued to Mouser's employer, the Community Action Agency (Agency). In the process of turning the car around, Mouser allegedly backed into Ratliff causing her serious physical injury.Īt the time of the accident, Mouser was driving her personal automobile, which was covered by a garage liability insurance policy issued by AIE to her husband, a used car dealer. While driving toward New Hope, Kentucky, Mouser stopped her car to drop off one of the passengers, Imelda Ratliff, at her home. On Monday, January 3, 1983, Verna Mouser was returning several elderly women to their homes in Nelson County, Kentucky, after having taken them to apply for federal fuel bill assistance. We disagree with this conclusion and accordingly reverse the judgment of the Nelson Circuit Court. The appellant, United States Fidelity and Guaranty Company (USF G), was determined by the same judgment to have primary and sole liability coverage and duty to defend. The circuit court below entered a judgment for the appellee, American Interinsurance Exchange (AIE), holding that the "public or livery conveyance exclusion" of its policy applied to exclude coverage to the insured, Verna Mouser. This appeal arises from a declaratory judgment action between two insurers to determine which must provide automobile liability coverage to an insured sued as a result of an automobile accident involving a pedestrian. Applying that definition to the facts of the present appeal reveals that Verna Mouser was not operating her personal vehicle as a public or livery conveyance at the time of the accident so as to exclude liability coverage by AIE. American Motorists Insurance Co., 195 Md. The words "livery conveyance" have about the same meaning. The words "public conveyance" imply the holding out of the vehicle to the general public for carrying passengers for hire. The term "public conveyance" means a vehicle used indiscriminately in conveying the public, and not limited to certain persons and particular occasions or governed by special terms. ![]()
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