Ryan v. Western Pacific Insurance

The issue is whether the negligent driver was a permissive user and thereby covered under the omnibus clause of the comprehensive liability policy issued by defendant.

The defendant’s policy named Tum-A-Lum Lumber Company and other business concerns and individuals as the named insureds. Paragraph III of the insuring agreement of the policy provides:

“DEFINITION OF ‘INSURED’: The unqualified word ‘insured’ wherever used includes not *86only the named insured but also * * * (3) any person while using an automobile owned or hired by the named insured or spouse and any person or organization legally…