Jenkins v. Aetna Casualty & Surety Co.

MITCHELL, Justice.

The plaintiff filed this civil action seeking to hold the defendant, Aetna Casualty and Surety Company, liable for a judgment entered against the defendant’s insured. Both parties made motions for summary judgment. The trial court denied the plaintiffs motion and entered summary judgment for the defendant, and the Court of Appeals affirmed that judgment. Judge Phillips having dissented in the Court of Appeals, the plaintiff appealed to this Court as a matter of right.

The issues presented by this appeal involve whether either of two exclusions in an automobile liability…