Barnes v. Powell

Plaintiff, Agatha Barnes, co-owner of an automobile, sued for personal injuries suffered by her while riding as a passenger in said car and driven by defendant William Powell. The one-car accident occurred when the driver failed to make a turn in the highway causing the car to leave the road and strike a large rock. Plaintiff claimed that the driver who was uninsured at the time was guilty of wilful and wanton conduct.

LaSalle National Insurance Company (LaSalle),insurer of the vehicle, filed an intervening complaint for declaratory judgment to declare that its policy did not cover the…