INDIANA FARMERS MUTUAL INSURANCE COMPANY, Appellant-Plaintiff, v. John WEAVER, Sunday Vanzile, Bryan Vanzile, and State Farm Mutual Automobile Insurance Company, Appellees-Defendants.

Bailey, J., concurs.

Brown, J., concurs with opinion.

Brown, Judge, concurring.

[8] I concur with the majority opinion that the term using is not synonymous with operating and would note that had Indiana Farmers wanted to dispel any uncertainty regarding the impact of an individuals drivers license status on coverage, it could have referred in certain provisions to legally using a vehicle; that is, Indiana Farmers could have drafted the Policy in a way that clearly defined and used legally using. Further, in light of the fact that the Policy leaves entitled undefined and uses elsewhere the phrase legally entitled, see, e.g. , Appellants Appendix Volume II at 106 (We will pay compensatory damages which an insured is legally entitled to recover ....), I find that reasonable persons could interpret subsection A(8) to refer to permission. For these reasons I concur with the majority opinion.