Shelby Mutual Insurance Co. v. Kleman

KELLY, Justice.

These are appeals from a judgment of district court declaring that at the time an accident between a car and a motorcycle occurred, the car was being driven without the express or implied consent of the owner and that the owner of the car was not liable to the driver of the motorcycle. We affirm.

This is an action brought by the Shelby Mutual Insurance Company for a declaratory judgment determining the extent of coverage provided by its liability insurance policy. On the evening of June 25, 1973, an automobile owned by Rolf Sundby, the named insured, collided with a motorcycle…