OREGON MUT. INS. CO. v. FONZO

No. 48-40461-2.

2 Wn. App. 304 (1970)

469 P.2d 989

OREGON MUTUAL INSURANCE COMPANY, Appellant, v. TONY FONZO et al., Respondents.

The Court of Appeals of Washington, Division Two.

April 9, 1970.


Attorney(s) appearing for the Case

Robert Butler and Owen A. Johnson, for appellant.

Foster & Foster and Stanbery Foster, for respondents.


ARMSTRONG, C.J.

The question presented in plaintiff's appeal is whether, under the terms of a driver's exclusion endorsement to a policy of automobile liability insurance, an automobile was "being operated by" an excluded driver who had parked the automobile in a parking area and left it with the motor running. Plaintiff insurance company sought to have this question answered in the affirmative in bringing a declaratory judgment action against defendants Cottrell...

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