Brindley v. Krizsan

Steuer, J. (dissenting).

The issue in this action for a declaratory judgment is which of the two defendants will be required to meet and defend plaintiff’s claim. Plaintiff alleges injuries resulting from being struck by an automobile owned by defendant Krizsan and insured by defendant United States Fidelity & Guaranty Company. These defendants claim that at the time of the accident the automobile was being operated by an unauthorized person. If that is the fact, plaintiff cannot proceed to a Successful conclusion against the insured but may against the other defendant, MVAIC. So much is…