James v. Aetna Life & Casualty

OPINION

HOWARD, Chief Judge.

When will deviation from permissive use preclude coverage under the omnibus clause? That is the issue to be determined in this appeal from the judgment entered after a bench trial.

Appellants are the parents of a sixteen-year old boy who was killed when a vehicle driven by Leonard Robles collided with the rear-end of a vehicle the boy was attempting to rig for tow, crushing him between the disabled and towing vehicles. The truck operated by Robles was owned by Adams Tree Service, Inc., his employer. Appellants brought a wrongful death action against Robles and Adams.…