Moses Inc. v. Moses
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The Supreme Court affirmed the judgment of the district court dismissing this complaint alleging negligence for failure to state a claim, holding that there was no error.
Neva Larue Moses negligently collided with another vehicle while driving a vehicle owned and insured by Moses Inc., killing her and the other driver. Moses Inc.'s insurer settled the ensuing negligence claim and then canceled Moses Inc.'s policy. Moses Inc. brought this claim against the Estate of Neva Larue Moses and the Neva Larue Moses Living Trust, arguing that the defendants were liable for its increased insurance costs from another insurer. The district court dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that a person who borrows another person's vehicle does not owe the vehicle owner a duty to protect it from increased insurance costs.
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