Porterfield Ex Rel. Thomas v. Truck Insurance Exchange

Oscar Thomas was injured by a truck driven by Warren Porterfield and owned by Gary Klaus, by whom Porterfield was employed. He sued both Porterfield and Klaus. Klaus was dismissed but a verdict of $7,000.00 was returned against Porterfield. Thomas then garnisheed the Truck Insurance Exchange, Klaus’ insurance carrier. The Truck Exchange answered that, under the facts of the case, its insurance did not cover Porterfield. After a hearing the court discharged the garnishee defendant. Thomas appeals from that order.

The insurance policy covered the employees of Klaus in the following language:

“. .…