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AETNA LIFE & CAS. CO. v. WESTERN F. INS. CO.

No. KCD 29215.

570 S.W.2d 691 (1978)

AETNA LIFE AND CASUALTY COMPANY, a corporation, Plaintiff-Respondent, v. WESTERN FIRE INSURANCE COMPANY, Defendant-Appellant, and John R. Chrisman, Administrator of the Estate of Michael Wayne Chrisman, Deceased, and Michelle McKinley, a minor, and Mitzi J. McKinley, a minor, and William L. McKinley and Rosemary McKinley, Defendants-Respondents, and John Berry Borders, a minor, and Jere Borders, and Mrs. Jere Borders, Defendants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 28, 1978.

Application to Transfer Denied October 10, 1978.

Attorney(s) appearing for the Case

Edward W. Mullen, Deacy & Deacy, Kansas City, for appellant.

Clem W. Fairchild, J. Michael Vaughan, Kansas City, for respondent, Aetna Life and Cas. Co.; Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, of counsel.

Clifford N. Jarrett, Heavner, Jarrett & Kimball, Kansas City, for respondents McKinley.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.

DIXON, Judge.

This appeal by defendant Western Fire Insurance Company is from a judgment of the trial court finding Western's policy afforded coverage to the driver of a nonowned car under a provision of Western's policy extending coverage to nonowned automobiles.

The primary and controlling issue is the interpretation of the Western policy in its provisions extending coverage to the "use" of other vehicles.

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