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DEARYBURY v. NEW HAMPSHIRE INS. CO.

19163

255 S.C. 398 (1971)

179 S.E.2d 206

CORNELIUS H. DEARYBURY, Gloria Dearybury, a minor by her g/a/l, Cornelius Dearybury, William Warren Albert, Jr., by his g/a/l, William Warren Albert, and Allstate Insurance Company, Respondents, v. NEW HAMPSHIRE INSURANCE COMPANY, Appellant.

Supreme Court of South Carolina.

February 3, 1971.

Attorney(s) appearing for the Case

Messrs. James H. Watson, and O. Doyle Martin, of Leatherwood, Walker, Todd & Mann, of Greenville, for the Appellant.

Messrs. B.O. Thomason, Jr., Love, Thornton, Arnold & Thomason, and W. Francis Marion, Haynsworth, Perry, Bryant, Marion & Johnstone, of Greenville, for Respondents.

February 3, 1971.

BRAILSFORD, Justice.

This appeal involves the application of the omnibus clause of an automobile liability insurance policy on a state of facts which, in the light of the jury's verdict as construed by the trial judge, cannot be distinguished from the facts in State Farm Mutual Auto. Ins. Co. v. Allstate Ins. Co., S.C. 179 S.E.2d 203, filed herewith.

The named insured furnished an automobile...

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