Elizabeth Bekaert v. State Farm Mutual Automobile Insurance Company

JOHNSEN, Circuit Judge.

An injured party obtained a judgment in negligence against the driver of an automobile, on which execution was returned unsatisfied. She then sought, by garnishment proceedings under Nebraska law, to collect the amount of the judgment from the liability insurer of the owner of the car, on the basis that the automobile was being used at the time of the accident with the named-insured’s permission, and that the driver therefore was covered, under the omnibus clause of the policy, as an additional insured. 1

On a jury-waived trial of the issue thus presented, the court made…