Empire Fire and Marine Insurance Co. v. Duran

OPINION

JACOBSON, Presiding Judge.

The issues involved in this appeal from a declaratory judgment deal with the effect of the trial court’s judgment casting an indemnity insurance policy in terms of a liability policy; whether the driver of a vehicle was legally a permissive user; and if so, whether, under the terms of the policy involved here, the insurer is liable for acts caused by the permissive user.

On December 20, 1970, J. Michael Nichols was driving a 1966 Mustang automobile, the registered owner of which was Margot Langdon. Nichols had obtained the permission to drive the automobile…