FRANKENMUTH MUT. INS. CO. v. SELZ

No. 82-1240.

6 Ohio St. 3d 169 (1983)

FRANKENMUTH MUTUAL INSURANCE COMPANY, APPELLEE, v. SELZ ET AL. SCOTT ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 10, 1983.


Attorney(s) appearing for the Case

Messrs. Eastman & Smith and Mr. M. Donald Carmin, for appellee.

Messrs. Spengler, Nathanson, Heyman, McCarthy & Durfee, Mr. James R. Jeffery and Mr. Kenneth J. White, for appellants.


Per Curiam.

In Gulla v. Reynolds (1949), 151 Ohio St. 147 [39 O.O. 2], we held at paragraphs one and three of the syllabus:

"1. Under the provisions of an automobile insurance policy in which the coverage is extended to include a third person if the actual use of the automobile is with the permission of the named insured, such permission relates to the use to which the automobile is being put by such third person at the time of the accident...

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