Sunshine Mut. Ins. Co. v. Addy

This is an action to obtain a declaratory judgment as to the coverage of an insurance policy. By its terms, plaintiff agreed to indemnify defendant Addy against claims for damages for bodily injuries caused by and arising out of the ownership, maintenance or use of the motor vehicle described in the policy. The truck described therein was involved in an accident as appears from our opinion rendered on a prior appeal and reported in 72 S.D. 634, 38 N.W.2d 406, 10 A.L.R.2d 670.

Paragraph VI of the policy provides that it applies only to accidents occurring while the automobile is owned,…