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GRUGER v. WESTERN CAS. & SURETY CO.

No. 10865.

555 P.2d 683 (1976)

89 N.M. 562

Jonathan David GRUGER and Safeco Insurance Company of America, Plaintiffs-Appellants, v. WESTERN CASUALTY AND SURETY COMPANY, Ruben W. Evans, Sr., Ruben W. Evans, Jr., Stacy Ray Patterson, a minor, and David Fair, Defendants-Appellees, v. William J. D. TAYLOR, as Personal Representative and Administrator of the Estate of Jeffrey Desmond Taylor, Deceased, Defendant-Appellant.

Supreme Court of New Mexico.

October 26, 1976.

Attorney(s) appearing for the Case

Jack T. Whorton, Alamogordo, for Gruger and Safeco.

LeRoi Farlow, Albuquerque, for Taylor.

Frazier, Cusack & Schnedar, John P. Cusack, Roswell, for Western Casualty.

Garrett, Hartley & Tatum, Edwin B. Tatum, Clovis, for Patterson.

Hunker, Fedric & Higginbotham, Robert Waldman, Roswell, for Fair.

OPINION

McMANUS, Justice.

Jonathan Gruger brought suit in the District Court of Chaves County seeking a declaratory judgment that he was an insured under the omnibus clause in an automobile insurance policy issued by Western Casualty and Surety Company to Ruben Wesley Evans, Sr. The district court held that there was no coverage because plaintiff did not have the permission of the named insured, e.g., Evans, Sr., to operate the vehicle and, therefore, there...

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