State Automobile & Casualty Underwriters v. Gardiner

The opinion of the court was delivered by

Robb, J.:

This action for declaratory judgment under G. S. 1949, 60-3127 was commenced by plaintiff, appellee here, as an automobile liability insurer of Leon Mulder, a sand and gravel hauler. Copy of the policy was attached to the petition as exhibit A. The petition alleged the policy covered Mulder’s two trucks, particularly the 1955 GMC % ton dump truck in question and extended to Gardiner and any other person using the truck with Mulder’s permission.

The petition further alleged that on April 28, 1960, defendant, Walter James Gardiner, while driving…