Dungan v. Utica Mutual Insurance Company

WILSON, Justice.

This is a non-jury declaratory judgment action involving an automobile liability in-, surance policy issued by appellee. The principal question relates to agency.

Appellee declined to defend a personal injury action arising out of an accident in Ellis County, Texas involving a gravel truck insured by appellee, driven with the owner’s permission by appellant Dungan, who was the brother of the named insured. Appellee denies coverage under a 50-mile radius endorsement providing that if regular or frequent trips are made outside such radius, the insurance would not apply to…