Home Indemnity Co. v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT

Sweeney, J.

This action arises out of an automobile accident which occurred on June 13, 1970. Plaintiff seeks herein a declaratory judgment that it has no duty to defend or indemnify defendant Larson in the underlying negligence actions. The trial court found to the contrary and this appeal ensued.

There is no substantial dispute about the pertinent facts. Plaintiff issued an insurance policy to Jack Larson, the father of defendant Mark Larson, in which it agreed to defend and indemnify any relative of Jack Larson operating a nonowned vehicle with permission or reasonably…