Young v. Drive-It-Yourself, Inc.

Plaintiff, appellant herein, rented an automobile from the defendant, appellee herein, and while driving it became involved in an accident, in connection with which certain judgments were subsequently entered against him in Miami County, Ohio, and paid by him. He then brought this action against the defendant for breach of its contract of insurance indemnifying him against such loss.

At the trial, it developed that he “borrowed” from another insurer, Factory Mutual Liability Insurance Company of America, the money needed to pay the judgments. At the close of the plaintiff’s evidence in this…