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OLD AMERICAN COUNTY MUT. FIRE v. RENFROW

No. 02-1087.

130 S.W.3d 70 (2004)

OLD AMERICAN COUNTY MUTUAL FIRE INSURANCE COMPANY, Petitioner, v. Michael D. RENFROW, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 23, 2004.

Attorney(s) appearing for the Case

Joseph W. Spence, John Christopher Nickelson, Shannon Gracey Ratliff & Miller, L.L.P., Michael Homer Martin, Kirkley Schmidt & Cotten, L.L.P., Fort Worth, for Petitioner.

John C. Stewart, Cantey & Hanger, L.L.P., Fort Worth, Derrick S. Boyd, Michael A. Simpson, Simpson & Boyd, P.L.L.C., Decatur, Kendall Wayne Hill, Law Offices of Kendall Hill, Bedford, for Respondents.

PER CURIAM.

This is a declaratory judgment action to determine coverage under the "omnibus clause"1 of a commercial auto liability policy that insured an employer and "anyone else while using with your [that is, the employer's] permission a covered auto". The principal issue is whether an employee had implied permission to use a company truck at the time of an accident so as to be covered by the policy. The trial court held as a matter...

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