DocketNumber: Nos. 971, 972 and 973
Citation Numbers: 88 Ohio Law. Abs. 314
Judges: Brown, Donahue, Griffith
Filed Date: 8/17/1961
Status: Precedential
Modified Date: 7/21/2022
These three eases have been combined for the purpose of this appeal, since all involve the same question. The appeal is before us on questions raised by a supplemental petition against the insurance company in an attempt to hold it responsible and liable, under its policy of coverage, for default judgments entered in the original actions.
The defendant carrier had in force, a policy of insurance on A. E. Devoraee’s garage operations, which included coverage on ears owned by Devoraee but driven by others with his permission.
In this instance the car involved was driven by an employee, but not in the course of or the scope of his employment. Devoraee had taken this car in as a trade-in, had had the previous owner endorse the title in blank. He then made a deal with the employee involved here to sell him this car and as compensation therefor the employee was to repair another car without charge. Such repairs were completed. Devoraee gave the employee the title endorsed only by .the customer who had traded it in, and appears to have either given the keys or made them available to him. Nothing further was done to convey title at that time. Devoraee also testified positively, and his testimony is uncontradicted, that he told the employee emphatically that he could not use the dealer’s plates on this car.
On the following Sunday the employee went to the garage for which he had keys, put the dealer’s plates on the car, took a ride, and was involved in the accident leading to these suits.
. The questions raised are:—
1. Did title pass under West Virginia law, to the employee, thus taking the ear out of the Devoraee policy of insurance?
2. If not, was the car being used with Devoraee’s permission so as to bring it within his coverage?
Judgment affirmed.