Southern Farm Bureau Casualty Insurance v. Hartford Accident & Indemity Co. ( 1971 )


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  • Bussey, Justice

    (concurring).

    I am in accord with the conclusion that the driver of the Burnside vehicle was not operating such with the “consent, express or implied, of the named insured * * However, in accord with the views expressed in my concurring opinion in the recent case of Dearybury, etc. v. New Hampshire Insurance Company, I would remand the cause for consideration of the question of whether or not the driver of the Burnside vehicle was an insured of Hartford by virtue of being a guest in the vehicle. Here, as in Dearybury, substantial rights of minors are involved.

Document Info

Docket Number: 19173

Judges: Littlejohn, Moss, Bussey, Brailsford, Lewis

Filed Date: 2/19/1971

Precedential Status: Precedential

Modified Date: 11/14/2024