Cotton States Mutual Insurance v. State Farm Mutual Automobile Insurance

Bell, Presiding Judge.

The omnibus clause used in the policy before us is substantially similar to the one dealt with in Strickland v. Ga. Cas. &c. Co., 224 Ga. 487 (162 SE2d 421). The Supreme Court, interpreting the term “actual use” as contained in the omnibus clause, held that those words referred to the purpose for which permission was given and not to the operation of the vehicle. Pp. 489-492. As to the distinction between “using” and “operating” an automobile, see Anno. 160 ALR 1195, 1204.

In several cases in which this court considered the issue whether a person other than the original…