10th Circuit 003-motion to certify state law question-auto insurance

10th Circuit 003: motion to certify state law question regarding auto insurance:

Where a motor vehicle liability policy contains an omnibus clause that defines an insured as any person who uses the subject motor vehicle within the scope of the named insured’s consent, if the original permittee retains control of the car, but turns over its driving to a third person while remaining a passenger in the car, is there implied permission in the continued use and control of the original permittee?