Western States Mutual Insurance v. Verucchi

A declaratory judgment action was brought to determine coverage under the omnibus clause of an automobile liability policy where the driver of the insured’s automobile was a subsequent user operating the vehicle without the express permission of either the owner or the initial permittee. The trial court held that the owner’s insurance provided primary coverage, and the driver’s insurance provided excess coverage.

The facts of this case are virtually undisputed. On the evening of March 29,1970, Robert Elmendorf, 16 years old, received his father’s permission to use the family car. He drove with…