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FARMERS INS. v. U.S.F. & G.

No. 1129-3.

13 Wn. App. 836 (1975)

537 P.2d 839

FARMERS INSURANCE CO. OF WASHINGTON, Appellant, v. U.S.F. & G. CO., et al, Respondents.

The Court of Appeals of Washington, Division Three.

July 2, 1975.

Attorney(s) appearing for the Case

Robert A. Southwell (of Malott & Southwell), for appellant.

Eugene I. Annis (of Lukins & Annis), Lawrence Cary Smith, Smith, Smith & Smith, Henry F. Savage (of Savage & Nuxoll), Jack Bennett (of Bennett & Waldo), and Brian Kennedy (of Turner, Stoeve, Gagliardi & Kennedy), for respondents.

McINTURFF, C.J.

This is a declaratory judgment action brought by Farmers Insurance Co. of Washington (Farmers) seeking an interpretation of the term "owner" as used in the nonowned automobile clause in their policy. The trial court held that the word "owner" would include one who has possession of a vehicle; and that since the driver had permission of the one in possession of the vehicle to drive it, under the policy he had permission of the owner. Farmers appeals...

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