Country Mutual Insurance v. Mooney

Eleanor Mooney was seriously injured in an accident which occurred while she was a passenger in a car owned by Kenneth Smith and driven by Smith’s wife Mildred, who is Mrs. Mooney’s sister. Mrs. Mooney filed a personal injury action against the Smiths which prompted Smith’s insurer, Country Mutual, to file this declaratory judgment suit wherein it is claimed that Mrs. Mooney is excluded from bodily injury coverage under the policy because she is a relative residing in the household of the insured, or in the alternative, because she was an employee injured in the course of her employment. The…