State Farm Mutual Automobile Insurance Co. v. American Casualty Co. of Reading

Calhoun, Judge:

This case, on appeal from a final judgment of the Circuit Court of Kanawha County, involves primarily the question whether the driver of an automobile, at the time it was involved in an accident, was using the automobile with the permission of the owner who was the “named insured” within the meaning of the “omnibus clause” of an automobile liability insurance policy. There was no express permission and so, stated more precisely, the question is whether the factual circumstances warrant the trial court’s finding of implied permission.

The case in the trial court involved a…