Rusch v. Mielke

The following undisputed facts are established by affidavits upon which the appellant, London & Lancashire Indemnity Company, based its motion for summary judgment. It had issued an automobile liability indemnity policy to Ben Pludeman on a truck owned by him and which was being operated with his consent by the defendant Mary Mielke at the time of the accident which resulted in injury to plaintiff. Mary Mielke was returning to her home with the truck on a trip made for the sole purpose of taking her husband to his place of employment. In item 1 of the declarations embodied in the policy…