Western Casualty & Surety Co. v. Norman

RUSSELL, Circuit Judge.

The primary question presented by this appeal is whether the operation of an Oldsmobile automobile involved in a fatal collision was at the time within the ■ coverage of a public liability policy issued by the appellant insurer. The correct answer depends upon whether the facts are sufficient to support the finding which the trial court made, that at the time, of the collision the Oldsmobile was being used as a “Temporary Substitute Automobile” within the terms of the policy. 1 The trial court recognized that the factual situation was “very close” and that the question…