Aetna Casualty & Surety Co. v. Lumbermen's Mutual Casualty Co.

MORRIS, Judge.

Although the policies involved in this litigation were attached to the pleadings and introduced into evidence as exhibits, neither was sent up with the record nor does the record contain any stipulation giving a verbatim quote of the pertinent portions of either policy. Lumbermen’s, in its further defense, alleges that its policy “included a provision enumerated as III (a) *494which extended coverage to any person while using the insured automobile ‘provided the actual use of the automobile is by the named insured or such spouse or with the permission of either.’ ” The Earnhardts…