Thomas

Plaintiff insurance company appeals from a judgment declaring that its automobile liability policy issued to respondent Thomas on his 1961 Valiant also covered him for personal injury liability to others while driving a “non-ovmed automobile” under the circumstances hereafter related.

On May 25, 1964, in the course and scope of his employment as an agent of the Internal Revenue Service, Thomas drove a 1962 government-owned Plymouth from his home office at Eureka to the town of Klamath. The last official business transacted by him on that day was at Crescent City, about 5:30 p.m.

He had dinner with two other Internal Revenue Service employees at a restaurant in Crescent City. They had an after-dinner drink at the “Frontier Club,” south of Crescent City. Thomas then continued south to Klamath, where he intended to stop overnight, and checked in at the Riverside Motel about 1:15 a.m.

He left the motel shortly thereafter and drove to the “Silver Dollar” at Klamath Glen, a distance of several miles. His purpose was to have a drink and the trip had no relation to official business. While there he struck up a conversation with respondent Hodge, a stranger, and agreed to give him a…