From our investigation and discussion with the Insured and Khun Sumet Tohkhwankeaw we acknowledge that Khun Sumet Tohkhwankeaw borrowed a backhoe from the Insured. In the time of damaged, the damaged backhoe had normally operated by the employee of Khun Sumet. The policy of the damaged backhoe was coverage the backhoe also in this claim not a factor to the damage. Therefore, we think that the Insurer could not to recovery with Khun Sumet Tonkhwankeaw.