Allstate Insurance v. Thatcher

Littlejohn, Chief Justice:

This is a declaratory judgment action to determine whether Nationwide Insurance Co., defendant-respondent, is liable for damages caused by Harold Lloyd Thatcher while driving his wife’s car on August 14,1981. If Nationwide is not liable, the plaintiff-appellant Allstate, as uninsured carrier of the other vehicle must pay.

At the time of the wreck, the Thatchers were still married but separated. Mr. Thatcher had his wife’s permission and consent to drive the car. The undisputed facts show that Nationwide had originally issued a six-month liability insurance policy to…