Continental Casualty Co. v. Padgett

SOPER, Circuit Judge.

The decision in this case turns on the interpretation of the omnibus clause of an automobile policy issued to Boineau’s, Inc., a South Carolina corporation, wherein the following provision was made: “The unqualified word ‘insured’ includes the named insured and also includes any person while using an owned automobile or a hired automobile, and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is by the named assured, or with his permission.” The policy covered an automobile truck that was involved in an accident…