Farm Bureau Mutual Insurance v. Horinek

The opinion of the court was delivered by

Lockett, J.:

This is a declaratory judgment action brought by the plaintiff, Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau), versus the defendants, Anton Horinek and Stanley Smith. The case was submitted to the trial court on motions for summary judgment. The trial court sustained the plaintiff Farm Bureau’s motion for summary judgment and denied the defendant Anton Horinek’s motion for summary judgment. The defendant appeals.

The pertinent facts are: On April 13, 1981, Anton Horinek, defendant, was the owner of a 1952 Ford truck which was…