TOWNLEY v. WHETSTONE

No. 38953.

209 N.W.2d 350 (1973)

190 Neb. 541

David TOWNLEY, a minor of the age of seventeen years, by William Townley, his father and next friend, appellee, v. Larry W. WHETSTONE and Martin J. Whetstone, Appellees, State Farm Mutual Automobile Insurance Company, Garnishee-appellant.

Supreme Court of Nebraska.

July 20, 1973.


Attorney(s) appearing for the Case

Fraser, Stryker, Marshall & Veach, P. C., Omaha, for State Farm Mutual Auto. Ins. Co.

J. Michael Fitzgerald, Matthews, Kelley, Cannon & Carpenter, P. C., Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.


WHITE, Chief Justice.

In this case, arising out of a garnishment action, the named insured, while his insured automobile was being repaired, had an accident while using another automobile not insured and owned by his father and mother, the father also being a named insured on the son's automobile which was being repaired. The question involved is the interpretation of the policy exclusion clause governing coverage of the...

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