Drake v. General Accident, Fire & Life Assurance Corp.

The question for determination on the main bill of exceptions is whether there is sufficient evidence to authorize a jury to find that the plaintiff was using the loaned automobile with the “permission” of the insured within the meaning of the omnibus clause of the policy. Roy Drake, the plaintiff’s husband, testified that he took his own automobile to J. L. Weddington, Jr., Inc., to have certain repairs made thereon. Upon learning that the repairs would take some time, he inquired of the company’s agent if he might borrow one of the company’s automobiles to use while his own automobile was…