Phoenix Insurance Co. v. Allstate Insurance Co.

OPINION

GREEN, Chief Justice.

This appeal is from a declaratory judgment defining the respective rights and liabilities of appellant and appellee under their automobile policies with reference to the accident in question. Particularly involved is the “omnibus clause” in appellant’s policy, and its application to the fact situation of this case.

The material facts in evidence are undisputed. At all times relevant here, appellant Phoenix Insurance Company was the insurer of a 1964 Model Ford Falcon Club Wagon owned by the named insured Ralph Gilster, Jr. On or about June 25, 1964, Father Wallace…