STATE FARM MUT. AUTO INS. CO. v. BATES

39845.

107 Ga. App. 449 (1963)

130 S.E.2d 514

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BATES et al.

Court of Appeals of Georgia.

Rehearing Denied March 5, 1963.


Attorney(s) appearing for the Case

Divine & Busbee, W. T. Divine, Jr., for plaintiff in error.

Smith, Gardner, Kelley & Wiggins, Burt & Burt, H. P. Burt, contra.


EBERHARDT, Judge.

State Farm brought a declaratory judgment action against its insured, joining as a defendant the plaintiff in a damage suit against the insured. The action sought a declaration of non-liability to the insured under the "drive other cars" policy provision reading as follows:

"Insuring agreement II — Non-owned automobiles. Such insurance as is afforded by this policy . . . with respect to the owned automobile applies to the use of a...

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