Fireman's Fund Insurance v. Nationwide Mutual Insurance

ROWLEY, Judge:

This is an appeal from an order of the trial court granting summary judgment in favor of Nationwide Mutual Insurance Company (hereinafter “Nationwide” or “appellee”) and against Fireman’s Fund Insurance Company (hereinafter “Fireman’s” or “appellant”). For the reasons set forth more fully below, we reverse.

On September 23, 1977, Ernest Clark, then 22 years of age, was involved in a single car motor vehicle accident while riding as a passenger in a car owned and operated by one Ward Ellison. The accident rendered Ernest Clark a quadriplegic. Clark neither owned an automobile nor…