{
  "id": 6137739,
  "name": "GENERAL AGENTS INSURANCE COMPANY OF AMERICA v. PEOPLE'S BANK & TRUST COMPANY, Administrator of the Estate of Jerry Gray, Deceased; Bob Dimango; and Dynamic Enterprises, Inc., d/b/a Car Mart",
  "name_abbreviation": "General Agents Insurance Co. of America v. People's Bank & Trust Co.",
  "decision_date": "1993-06-02",
  "docket_number": "CA 92-565",
  "first_page": "95",
  "last_page": "96",
  "citations": [
    {
      "type": "official",
      "cite": "42 Ark. App. 95"
    },
    {
      "type": "parallel",
      "cite": "854 S.W.2d 368"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "276 Ark. 450",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1751526
      ],
      "weight": 2,
      "year": 1982,
      "opinion_index": 0,
      "case_paths": [
        "/ark/276/0450-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 232,
    "char_count": 2726,
    "ocr_confidence": 0.913,
    "pagerank": {
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      "percentile": 0.6461704910209051
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    "sha256": "eb644ed4477ad2ce3139f69e854a75220706eb4bf5610951cfe3e65d87e4a684",
    "simhash": "1:d82d950ed43d8561",
    "word_count": 466
  },
  "last_updated": "2023-07-14T21:37:01.057819+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Cooper and Robbins, JJ., agree."
    ],
    "parties": [
      "GENERAL AGENTS INSURANCE COMPANY OF AMERICA v. PEOPLE\u2019S BANK & TRUST COMPANY, Administrator of the Estate of Jerry Gray, Deceased; Bob Dimango; and Dynamic Enterprises, Inc., d/b/a Car Mart"
    ],
    "opinions": [
      {
        "text": "John E. Jennings, Chief Judge.\nDynamic Enterprises, Inc., owns and operates a chain of used car sales lots which do business under the name of Car Mart. Bob Dimango was the manager of the Car Mart location in Batesville. Appellant, General Agents Insurance Company of America, was the garage liability insurance carrier for Car Mart.\nOn October 3,1986, Dimango left work in a car he selected from those on the lot. There is no dispute that Dimango was allowed to drive whatever vehicle he wanted that was on the lot and that he drove different vehicles from time to time. He and a friend, Jerry Gray, went to a bar that night and while returning home they had a wreck and Mr. Gray was killed.\nIn denying coverage the appellant relied on a provision of the policy excluding \u201cthose automobiles . . . furnished for the regular use of. . . employees[.]\u201d While appellant concedes that the particular automobile Dimango was driving at the time of the accident was not regularly used by him, it argues, in effect, that all of the cars on the lot were furnished for Dimango\u2019s regular use because of Car Mart\u2019s policy permitting him to drive any one he chose. The trial court held to the contrary and we find no error.\nWe certainly agree with the general principles appellant states: when the contract is clear, it must be interpreted in accordance with the plain meaning of its words; a word should be given its obvious meaning; and insurance coverage should not be extended to cover a risk for which a premium has not been collected. On the other hand, we think the trial court was entirely correct in holding that the automobile involved in the accident was not one \u201cfurnished for the regular use of\u2019 Mr. Dimango. It has been held that \u201cregular use\u201d means \u201cprincipal use as distinguished from a casual or incidental use.\u201d See Tillotson v. Farmers Ins. Co., 276 Ark. 450, 637 S.W.2d 541 (1982).\nIn the case at bar, Mr. Dimango regularly used vehicles off the lot for his nonbusiness purposes. He did not, however, as even the appellant concedes, use the vehicle involved in the accident on a regular basis. Nor was it furnished to him for his regular use. Given the undisputed facts in this case, we agree with the trial court\u2019s conclusion.\nAffirmed.\nCooper and Robbins, JJ., agree.",
        "type": "majority",
        "author": "John E. Jennings, Chief Judge."
      }
    ],
    "attorneys": [
      "Laser, Sharp, Mayes, Wilson, Bufford & Watts, P.A., by: Jacob Sharp, Jr., and Brian Allen Brown, for appellant.",
      "Blair & Stroud, by: H. David Blair, for appellees."
    ],
    "corrections": "",
    "head_matter": "GENERAL AGENTS INSURANCE COMPANY OF AMERICA v. PEOPLE\u2019S BANK & TRUST COMPANY, Administrator of the Estate of Jerry Gray, Deceased; Bob Dimango; and Dynamic Enterprises, Inc., d/b/a Car Mart\nCA 92-565\n854 S.W.2d 368\nCourt of Appeals of Arkansas Division II\nOpinion delivered June 2, 1993\nLaser, Sharp, Mayes, Wilson, Bufford & Watts, P.A., by: Jacob Sharp, Jr., and Brian Allen Brown, for appellant.\nBlair & Stroud, by: H. David Blair, for appellees."
  },
  "file_name": "0095-01",
  "first_page_order": 117,
  "last_page_order": 118
}