INSURANCE-AUTOMOBILE LIABILITY-MEANING OF "PERMISSION" IN OMNIBUS CLAUSE

Authors

A. E. Anderson S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff's car was damaged in a collision with a truck driven by W, owned by M, and insured in the name of M by defendant. The policy contained an omnibus clause extending coverage to "any person legally using or operating the ['motor vehicle] with the permission, express or implied, of such owner." S had general charge of the truck, as an employee of M, and had previously used it for his own purposes to the knowledge of M, who made no objection. At the time of the accident, S was returning from a tavern with W, another employee of M, and S, under the influence of liquor, and feeling too sleepy to drive, had asked W to take the wheel. The trial court rendered judgment for plaintiff against defendant insurer. Held, affirmed. The evidence warranted the conclusion that S had M's implied permission to use the truck at the time of the collision. State Farm Mutual Automobile Insurance Co. v. Cook, (Va. 1947) 43 S.E. (2d) 863.

Recommended Citation

A. E. Anderson S.Ed., INSURANCE-AUTOMOBILE LIABILITY-MEANING OF "PERMISSION" IN OMNIBUS CLAUSE, 46 Mich. L. Rev. 694 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss5/19