Montgomery v. Preferred Risk Mutual Insurance Co.

McDonough, justice.

This is an action brought on an automobile insurance policy against Preferred Risk Mutual Insurance Company, defendant, based on a prior unsatisfied judgment against Darrell Wood, who was insured under the omnibus clause of the policy issued by the defendant to Willard Wood, father of Darrell Wood. Upon a trial to the court, a judgment was entered in plaintiffs’ favor. Defendant appeals.

The defendant asserts nonliability under the insurance policy on the ground that the insured failed to cooperate in defense of the prior action arising out of an automobile accident and…