Employers Mutual Liability Insurance v. Zurich Insurance

Ward, J.†

— In this action, plaintiff Employers Mutual Liability Insurance Company of Wisconsin (hereinafter called Employers) seeks recovery from defendant Preferred Insurance Exchange (hereinafter called Preferred), following the payment by Employers of a personal injury claim. Employers contends that Preferred should bear the ultimate loss since it was Preferred’s insured who gave implied permission to another to operate the automobile involved in the accident, and Preferred had covered its insured in such event under an “omnibus” clause.1 The trial court agreed with plaintiff Employers,…