Motor Vehicle Casualty Co. v. Smith

Matson, Justice.

Appeal is by plaintiff insurer from a declaratory judgment of the district court adjudging it liable for indemnity on an automobile insurance contract covering a Willys automobile owned by the named insured, Fred W. Smith.

On December 4,1953, George H. Smith (hereinafter called George) received injuries in an accident involving the Willys in which he was riding as a passenger. He and one Nick Van Asperen were both employed by the Western Waterproofing Company (hereinafter called Western) and were proceeding to Eed Wing, Minnesota, to do a job for their employer pursuant to…