State Farm Mutual Automobile Insurance v. Auto-Owners Insurance

LAWSON, Justice.

This is an appeal from a decree rendered in a declaratory judgment proceeding which was instituted for the purpose of obtaining judicial declarations as to the liability and priorities of two automobile liability insurance policies issued by different companies.

The facts out of which this litigation arose were stipulated and are substantially as set out below.

On May 7 or November 7, 1966, Hiram Dodd, Jr., while operating a 1965 Pontiac automobile with the permission of its owner, Patricia Jones, was involved in an accident in which a passenger in the Pontiac, Carl Rouss,…