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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. WILLIAMSON

No. 18783.

331 F.2d 517 (1964)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Appellant, v. Alice Willene WILLIAMSON, a minor, John Brenkman, a minor, Carl E. Brenkman, C. W. Waddoups, Clara R. Waddoups, and Sara R. Murry, dba Rudolph Chevrolet, Appellees.

United States Court of Appeals Ninth Circuit.

April 16, 1964.

Attorney(s) appearing for the Case

Lewis, Roca, Scoville, Beauchamp & Linton, and John P. Frank and Delbert W. Grainger, Phoenix, Ariz., for appellant.

Laney & Laney, and Jack H. Laney, Phoenix, Ariz., for appellee Brenkman.

Snell & Wilmer, and H. William Fox and Mark Wilmer, Phoenix, Ariz., for appellees C. W. Waddoups et al.

Before HAMLEY, JERTBERG, and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

In this Arizona diversity action, appellant seeks a declaratory judgment upon the question of its liability under the "Omnibus Clause"1 of a policy of automobile insurance. At issue is the question whether the operator of an automobile involved in an accident was using the car with the permission of the named insured.

The court determined that no express permission had been granted and sent the case to the...

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