Commercial Union Insurance v. Johnson

David Newbern, Justice.

The issue in this case is whether an insurer may be liable pursuant to the omnibus clause in an automobile liability policy for injuries caused by a driver whose use of the insured automobile has exceeded the permission given by the automobile’s owner. While the “scope of permission” issue has been decided in many other courts, and in several different ways, it is a question of first impression for this court. We hold that if permission has been given by the insured owner of the insured vehicle to a driver who then causes injury or property damage during the permissive…