American States Insurance Co. v. McCann

In American States Insurance Co. v. McCann, 17 Kan. App. 2d 820, 845 P.2d 74 (Kan. Ct. App. 1993), James McCann signed a purchase agreement for a new Pontiac Grand Prix and, after assuring the dealership that he could obtain financing, left with the car. Id. at 75. Two days later, McCann advised the dealership that he could not get financing and agreed to return the Grand Prix. Id. Before returning to the dealership, McCann was involved in an accident with the vehicle. Id. As in this case, the question was whether McCann was a "customer" under the "Who Is An Insured" clause of the dealership's policy, which covered permissive users but not customers. Id. at 76-78. The court rejected the argument that McCann was not a customer because he had not paid for the vehicle, stating: American States argues that McCann went to Roper Pontiac intending to buy a car. He signed a purchase agreement, and the only question which remained was the financing. Interpreting "customer" to require an actual purchase would appear to preclude coverage for persons test-driving vehicles. Moreover, interpreting "customer" in this manner would seem to defeat the whole purpose of the exclusion, for once an individual purchased a vehicle, the car would no longer be owned by Roper Pontiac or covered by its policy. Id. at 78. The court further noted that, "if McCann was not a customer under any common-sense usage of the term, we do not know what he might have been." Id.