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PROTECTIVE NAT. INS. CO. OF OMAHA v. BELL

SC 2810.

361 So.2d 1058 (1978)

PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA, a corporation v. Billy Fred BELL, Jacqueline Scott, Lula Belle McFarland, Fluorescent Maintenance Company, the Home Insurance Company, a corporation.

Supreme Court of Alabama.

September 1, 1978.

Attorney(s) appearing for the Case

Mark W. Lee and William A. Scott, Jr. of McDaniel, Hall, Parsons & Conerly, Birmingham, for appellant.

Dick D. Nave and Robert C. Boyce, III, Birmingham, for appellees, Fluorescent Maintenance Co. and Home Insurance Co.

ALMON, Justice.

This is a declaratory judgment action to determine which of two insurance companies is the primary insurer.

Bell was involved in an automobile accident while driving a truck owned by his employer, Flourescent Maintenance Co., within the scope of his employer's permission. McFarland and Scott brought suit against Bell for personal injuries resulting from the accident. Bell is an insured under the omnibus clause of an automobile liability policy...

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