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MARYLAND CASUALTY COMPANY v. HASSELL

426 S.W.2d 133 (1967)

MARYLAND CASUALTY COMPANY, Appellant, v. Mattie HASSELL, Charles E. Jones, Phoenix Assurance Company of New York, and Elmer Moore, Appellees. MARYLAND CASUALTY COMPANY, Appellant, v. Elmer MOORE, and Phoenix Assurance Company of New York, Appellees. PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. Mattie HASSELL, Charles E. Jones, Maryland Casualty Company, and Elmer Moore, Appellees. PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. Elmer MOORE, and Maryland Casualty Company, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 26, 1968.

Attorney(s) appearing for the Case

John P. Sandidge, Woodward, Hobson & Fulton, Louisville, for Maryland Cas. Co.

John A. McCrea, Louisville, for Mattie Hassell.

John L. Harbolt, Hargadon, Hargadon, Lenihan & Harbolt, Louisville, for Elmer Moore.

C. M. Leibson, Leibson & Leibson, Louisville, for Charles E. Jones.

Henry D. Hopson, Hamilton, Hopson & Hamilton, Louisville, for Phoenix Assurance Co.

PALMORE, Judge.

On Sunday, December 23, 1962, Elmer Moore had an automobile accident while driving a Ford Falcon station wagon owned by his employer, Simmonds Women's Apparel (hereinafter Simmonds), a retail clothing establishment. Two guest passengers riding with Moore were injured and brought suit against him for their damages. Both Phoenix Assurance Company of New York (hereinafter Phoenix), which had issued a liability insurance policy to Simmonds covering its...

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