State Farm Mutual Automobile Insurance v. Williamson

MERRILL, Circuit Judge.

In this Arizona diversity action, appellant seeks a declaratory judgment upon the question of its liability under the “Omnibus Clause”1 of a policy of automobile insurance. At issue is the question whether the operator of an automobile involved in an accident was using the car with the permission of the named insured.

The court determined that no express permission had been granted and sent the case to the jury upon the issue of the existence or nonexistence of implied permission. Verdict was rendered against the appellant upon this issue.

Appellant had moved for a…