State Farm Mutual Automobile Insurance Co. v. Whitehead

With respect for the majority opinion and the authorities cited and supporting that opinion, I must dissent. For the purpose of this opinion it must be assumed the decedent was negligent. But, that is not determinative of the issue presented. The issue *202is whether or not the plaintiff insured against the risk that resulted in the injury. I believe the accidental injury resulted from the decedent’s negligence in his actions as a juvenile officer and a deputy sheriff, not from negligence in the use of the automobile as those terms are employed in the policy.

This conclusion is not contrary to…