Atkinson v. Allstate Insurance Company

Benham, Judge.

Appellant Atkinson was injured when the dune buggy in which he was riding overturned. He filed an action alleging negligence against the non-owner, permissive driver of the vehicle, W. J. Carreker. At the time of the mishap, there was in effect an automobile liability insurance policy issued by appellee Allstate Insurance Co. (“Allstate”) to Carreker’s father that insured young Carreker as the permissive driver of a non-owned automobile. Appellee filed a complaint for declaratory judgment, contending that the dune buggy was not an insured auto under the liability policy issued…