Exchange Casualty & Surety Co. v. Scott

This is an appeal by Standard Accident Insurance Company (hereinafter referred to as Standard), and its insured, O. N. Sebastian, from a declaratory judgment which determined that Standard is primarily liable for the payment of a judgment for personal injuries which judgment was obtained by Harold Lee Garmon against James L. Scott, who was the operator of an automobile owned by Sebastian and which caused the above injuries to Garmon.

The principal contention by Standard is that it may not be adjudged in the instant action that Scott was operating Sebastian’s automobile with that owner’s…