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McDANIELS v. GREAT ATLANTIC & PAC. TEA CO.

No. 76-3168.

602 F.2d 78 (1979)

Uyless McDANIELS, Plaintiff, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, Defendant-Appellee, Ranger Insurance Company, Intervenor-Appellant, Third Party Defendant-Cross-Appellee, Aetna Casualty and Surety Company, Third Party Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 1979.

Attorney(s) appearing for the Case

Robert H. Sarpy, Jr., G. Bruce Kuehne, New Orleans, La., for Ranger Ins.

William S. Penick, New Orleans, La., for Aetna Cas. and Great Atlantic & Pac. Tea Co.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In this case we must decide whether a clause in an automobile liability policy extending coverage to persons loading or unloading the insured vehicle if they are "lessees or borrowers" of the vehicle insures one who, while having temporary possession of the vehicle, is conducting unloading operations with the consent of the named insured. The district court found that the permissive user of the truck in this case had sufficient possession...

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