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MARYLAND INDEM. INS. v. KORNKE

No. 594, September Term, 1973.

21 Md. App. 178 (1974)

319 A.2d 603

MARYLAND INDEMNITY INSURANCE CO. v. WILLIAM T. KORNKE, SR. ET AL.

Court of Special Appeals of Maryland.

Decided May 17, 1974.

Attorney(s) appearing for the Case

Matthew Swerdloff, with whom were Swerdloff, Rabineau & Murphy on the brief, for appellant.

Robert E. Cadigan, with whom were Smith, Somerville & Case on the brief, for appellees.

The cause was argued before THOMPSON, MOORE and LOWE, JJ.

MOORE, J., delivered the opinion of the Court.

We are here confronted with a "clear-cut set of facts"1 requiring a decision as to whether the coverage afforded by the omnibus clause of an automobile liability insurance policy extends to the "second permittee" — the driver of the insured vehicle as distinguished from the borrower or "first permittee" — and under circumstances where the insured owner restricted the operation...

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