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CONTINENTAL CASUALTY COMPANY v. PADGETT

No. 6889.

219 F.2d 133 (1955)

CONTINENTAL CASUALTY COMPANY, Appellant, v. Gennie PADGETT, as Administratrix of the Estate of Felix Padgett, Jr., deceased; William Pope Cook, as Administrator of the Estate of William Taylor, deceased, and Gilbert Harrelson, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1955.

Attorney(s) appearing for the Case

E. W. Mullins, Columbia, S. C. (Nelson, Mullins & Grier, Columbia, S. C., on the brief), for appellant.

Robert McC. Figg, Jr., Charleston, S. C. (Brown, Jefferies & Mazursky, Barnwell, S. C., R. K. Wise, A. Birge Wise, Jr., Edwin H. Cooper, M. Boyd Neeley, Columbia, S. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

The decision in this case turns on the interpretation of the omnibus clause of an automobile policy issued to Boineau's, Inc., a South Carolina corporation, wherein the following provision was made: "The unqualified word `insured' includes the named insured and also includes any person while using an owned automobile or a hired automobile, and any person or organization legally responsible for the use thereof, provided the actual use of the automobile...

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