Supreme Court of Alabama

Nationwide Mutual Insurance Company v. Scott Thomas, Kenneth Gene Gooden, Jr., and Lori Touart Thomas

August 24, 20122012 Ala. LEXIS 105

Summary

The court answered two certified questions concerning an automobile-policy exclusion for using a vehicle to carry persons or property for a fee. It held that the exclusion is unambiguous and may apply to newspaper delivery when the insured was using the vehicle for that purpose at the time of the accident, but that it ends once the last newspaper has been delivered. Justices Murdock and Shaw dissented, contending that the questions were not properly subject to certification; Justice Murdock would also have interpreted the exclusion to cover dedicated travel to collect and return from delivering the newspapers.