Allstate Insurance v. State Farm Mutual Automobile Insurance

Littlejohn, Justice:

Mitchell K. Robertson, Jr., was killed in a two-car collision about 10:30 p.m. on September 11, 1971, while driving a Pontiac automobile owned by his wife, Linda Horton Robertson. This action was brought for a declaratory judgment to determine the liability of insurance companies which are parties to this proceeding. The liability hinges on the answer to the one question which the judge submitted to the jury, as follows:

“State whether or not Mitchell K. Robertson, Jr., was operating the 1965 Pontiac with the consent, expressed or implied, of its owner Linda Horton…