Phoenix Insurance Co. v. Bentley

Deen, Judge.

This case should be decided by applying to its facts the pertinent policy provision: An insured is "any other person while using the automobile with the permission of the named insured, provided his actual use is within the scope of such permission.”

The various States take three views of this provision: (1) the liberal or "first instance permission” view, which says that if the initial use is with the permission of the named insured, then the permitee remains an insured throughout; (2) the strict view, which looks at the permission situation only at the time of the accident, and…