Johnson v. State Farm Mut. Automobile Ins. Co

We are asked to hold erroneous a declaration of Nebraska law made by the trial court, as well as its applicability to the evidentiary situation presented.

The action is one against an insurer, on a policy of automobile liability insurance, under its omnibus coverage clause, by the holder of a judgment against a third party for personal injuries — the third party, according to the findings of the court, having been using the automobile of the named insured at the time of the accident, with the consent of a permittee (a foster son) of the named insured, but without the consent in fact, either…