Farmer's Insurance Company of Idaho v. Brown

DONALDSON, Justice.

Respondent, Farmer’s Insurance Company of Idaho, brought this action seeking a declaratory judgment that its automobile liability insurance policy issued to appellants Leonard Brown and Helen Brown provides no coverage for a certain accident occurring February 1, 1974. The provision of the insurance policy which is at issue is the so-called “omnibus clause,” which extends coverage of the policy to include the use by the insured of an automobile not owned by the insured, so long as the actual use is with the permission of the owner. 1

Following motions for summary judgment by…