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FIREMEN'S INS. v. ST. PAUL FIRE & MARINE INS. CO.

243 Or. 10 (1966)

411 P.2d 271

FIREMEN'S INSURANCE COMPANY v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

Supreme Court of Oregon.

Reargued October 6, 1965.

Reversed and remanded February 24, 1966.

Attorney(s) appearing for the Case

Olywn E. Kennedy, Portland, argued the cause for appellant. With him on the brief were Hurlburt, Kennedy, Peterson, Bowles & Towsley, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Hollister & Thomas and Robert H. Hollister, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED.

HOLMAN, J.

This case involves a dispute between insurance companies. The plaintiff, Firemen's Insurance Company (Firemen's), issued a policy of automobile insurance to Leta Free. In addition to Mrs. Free, the policy also insured — by what is known as an omnibus clause — any other person using her automobile with her consent. Mrs. Free loaned her car to Albert Carter. Carter, while using the vehicle, negligently caused an...

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