PERKINS v. McDOW

Nos. 92-C-2192, 92-C-2709.

615 So.2d 312 (1993)

Jonathan E. PERKINS, Daniel Perkins, and Georgia Jones Perkins v. James Woodrow McDOW, Jr., et al. E.T. TOBEY, individually and as Executor of Estate of Robert Drake Tobey v. James Woodrow McDOW, Jr., Michael Mosely, Louisiana Indemnity Insurance Company, and State Farm Mutual Automobile Insurance Company, In Solido.

Supreme Court of Louisiana.

February 22, 1993.


Attorney(s) appearing for the Case

William F. Kendig, Jr., Rice, Fowler, Kingsmill, Vance, Flint & Booth, for applicant.

Michael Hubley, Hicks & Hubley, Marshall R. Pearce, Lunn, Irion, Johnson, Salley & Carlisle, for respondent.


HALL, Justice.*

The issue presented in these consolidated cases is whether the driver of an automobile involved in a fatal accident was using the vehicle with the permission of the named insured as contemplated under the omnibus clause of an automobile liability insurance policy issued by State Farm Mutual Automobile Insurance Company. More specifically, the issue is whether the named insured's son who had virtually exclusive use and control...

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