COMMERCIAL UNION INS. CO. v. JOHNSON

No. 87-328.

745 S.W.2d 589 (1988)

294 Ark. 444

COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. Ray JOHNSON d/b/a Johnson Transport Service and Shelter Insurance Companies, Appellees.

Supreme Court of Arkansas.

February 1, 1988.


Attorney(s) appearing for the Case

Paul D. Capps, No. Little Rock, for appellant.

Margaret Bunn, Searcy, for appellees.


NEWBERN, Justice.

The issue in this case is whether an insurer may be liable pursuant to the omnibus clause in an automobile liability policy for injuries caused by a driver whose use of the insured automobile has exceeded the permission given by the automobile's owner. While the "scope of permission" issue has been decided in many other courts, and in several different ways, it is a question of first impression for this court. We hold that if permission has been...

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