Williamson

In this Arizona diversity action, appellant seeks a declaratory judgment upon the question of its liability under the “Omnibus Clause” 1 of a policy of automobile insurance. At issue is the question whether the operator of an automobile involved in an accident was using the car with the permission of the named insured.

The court determined that no express permission had been granted and sent the case to the jury upon the issue of the existence or nonexistence of implied permission. Verdict was rendered against the appellant upon this issue.

Appellant had moved for a directed verdict at the close of the evidence. This motion was denied, as was a subsequent motion for judgment notwithstanding the verdict. Appellant here asserts that there was no evidence to warrant submission of the question of implied permission to the jury, and no evidence to support the jury’s verdict that permission impliedly had been granted.

It must be conceded that upon the record appellant’s case is a strong one, and that of appellees is extremely weak. In our judgment, however, there was sufficient evidence in appellees’ favor to create an issue upon which reasonable minds might differ.

The insured…