First National Bank v. Malady

I am unable to agree with, the holding of the majority that, because the plaintiff insurance company brought this declaratory judgment action, the burden of proof as to all issues rests upon the plaintiffs. The only issue here presented is whether the driver of the automobile at the time the accident occurred, and numerous claims arose, was driving the automobile with the permission of the named insured. If he was driving with permission, he was an insured. If he was not driving the vehicle with permission, he was not covered by the policy.

It is an established rule of law that one who claims…