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OREGON MUTUAL INSURANCE CO. v. HOLLOPETER

447 P.2d 391 (1968)

OREGON MUTUAL INSURANCE CO., a Corporation, Appellant, v. Theodore W. HOLLOPETER, Eleanor Hollopeter, Teddy Louis Hollopeter, and Cheryle Claybaugh, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Martin P. Gallagher, Ontario, argued the cause for appellant. With him on the briefs were Joseph M. Imhoff and Coughlan & Imhoff, Boise, Idaho.

Melvin L. Walter, Ontario, argued the cause for respondents. On the brief were Taggart & Walter, Ontario.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.

Argued and Submitted at Pendleton October 28, 1968.

DENECKE, Justice.

A liability policy issued by the plaintiff insurance company lists the defendant Theodore W. Hollopeter as a named insured. On February 10, 1967, Theodore permitted his son, defendant Teddy Hollopeter, to drive Theodore's Oldsmobile. Contrary to his father's instructions, Teddy permitted a friend, defendant Cheryle Claybaugh, to drive the Oldsmobile, with Teddy as a passenger. While driving...

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