Wescott v. Lumbermens Mutual Casualty Co.

In this petition for declaratory judgment, the trial court found that Joseph Melson was the owner of the automobile which was being driven by one Ward with Melson’s permission and which was involved in the accident with Stewart Wescott and that the Insurance Company of North America which insured another vehicle owned by Melson was required to provide primary coverage for the accident as an “owned automobile” under its policy instead of the Granite State Insurance Company which insured a vehicle owned by Ward. The exceptions of Insurance Company of North America were transferred by Dun fey, J.