Navajo Freight Lines, Inc. v. Liberty Mutual Insurance

HAIRE, Judge.

On this appeal the appellants seek to impose liability upon the appellee insurer for damages caused by a negligent driver alleged to be an omnibus insured under a policy issued by the appellee. The trial court found that the negligent driver, Le-Roy Vann, was not at the time of the accident driving the vehicle with the named insured’s permission, and therefore was not an omnibus insured.

In the trial court appellee sought a declaratory judgment to the effect that Vann was not an omnibus insured and that there fore appellee was neither obliged to defend Vann nor to pay any…