Oregon Mutual Insurance v. Fonzo

The question presented in plaintiff’s appeal is whether, under the terms of a driver’s exclusion endorsement to a policy of automobile liability insurance, an automobile was “being operated by” an excluded driver who had parked the automobile in a parking area and left it with the motor running. Plaintiff insurance company sought to have this question answered in the affirmative in bringing a declaratory judgment action against defendants Cottrell (the insured) and Fonzo (the injured party). The trial court concluded, on the basis of stipulated facts as contained in the complaint of…