Auto-Owners Insurance v. Pilcher

Plaintiff, Auto-Owners Insurance Company, brought suit for a declaratory judgment that a comprehensive liability policy issued to its insured, Roger Franklin, did not afford coverage to a third party, Ray Sharp, for personal injuries suffered by defendants, Edward and Janie Pilcher, when the car in which they were riding struck a horse owned by Franklin and ridden by Sharp. Judgment was entered for the plaintiff and the defendants appeal.

On appeal the defendants make two contentions. One, that Ray Sharp was a permissive user of the horse and is therefore by the terms of the policy and under…