Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. Farm Bureau Mutual Insurance

MEMORANDUM

The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints and the Corporation of the President of the Church of Jesus Christ of Latter-day Saints (collectively, the “Church”) appeal from the grant of summary judgment in favor of Farm Bureau Mutual Insurance Company (“Farm Bureau”). This appeal arises out of claims assigned to the Church by Brett C. Smith (“Smith”) and his family after Smith negligently caused an accident while driving a Church-owned vehicle. We affirm because we conclude that the undisputed facts establish that the Church-owned vehicle was available for Smith’s regular use within the meaning of the Country Squire Policy. We also conclude that Smith is not covered for this occurrence under the Umbrella Policy because the Kemper Policy does not qualify as underlying insurance.

I

The Church first contends that Smith is covered for this occurrence under his parents’ Country Squire Policy because the Church-owned vehicle was not available for Smith’s regular use. The Country Squire Policy excludes coverage for non-owned vehicles that are made available for the regular use of insureds. The Church assigned Smith a specific…