Gibson v. State Farm Mutual Automobile Insurance

GRIMES, Chief Judge.

In this case we again consider the validity of a provision in an automobile liability insurance policy which excludes coverage for injuries to any insured.

*876Jonathan R. Toppe sued Richard Gibson and Gibson’s liability insurance carrier, Aet-na Insurance Company, for personal injuries he suffered as the result of an automobile accident which occurred in 1976. In his complaint Toppe alleged that when the accident occurred, Gibson was driving Toppe’s car with Toppe’s permission and that Toppe was riding with Gibson as a passenger.

After Toppe instituted his suit, Gibson and…