American Farmers Mutual Automobile Insurance v. Riise

While I concur in the result, I prefer to base my decision, as did the trial court, upon the broad proposition that defendant, though a guest of the named insured, was protected by the policy of insurance. In my opinion, the closing of the door preparatory to starting the automobile constituted"using" the automobile itself, within the meaning of the clause in the policy defining "insured" as including "not only the Named Insured but also any person using the automobile * * * with the permission of the Named Insured." (Italics supplied.) This conclusion is fortified by the fact that under…