Second Permittee Doctrine Law and Legal Definition
Second permittee doctrine is a legal principle which provides that when a third person uses a car through another person who did have permission to use the car, this is a permissive use under the insured's automobile-liability-insurance policy as long as the use falls within the scope of the permission.
The following are examples of case law discussing the doctrine:
Georgia courts use a two-part test to determine whether the use falls within the scope of the permission: (1) whether the owner's permission to the first permittee included the use to which the third person put the car, and (2) whether the scope of the permission the third person received from the first permittee exceeded the scope of permission given the first permittee by the owner.[Hamrick v. Am. Cas. Co., 245 Fed. Appx. 891 (11th Cir. Ga. 2007)]
The "second permittee" doctrine provides that the permission to use contained in an omnibus clause refers to the purpose for which permission was given and not to the operation of the vehicle. So, where a third person uses a vehicle with the consent of another person who has permission from the owner, the fact that the third person did not have express or implied permission from the owner is irrelevant. As long as the use falls within the scope of the permission then it is permissive within the policy terminology.[Hartford Ins. Co. v. Nationwide Ins. Co., 240 Ga. App. 228 (Ga. Ct. App. 1999)]
