Gary Stallings was on active duty with the National Guard when the three-quarter-ton truck he was driving
Question:
Gary Stallings was on active duty with the National Guard when the three-quarter-ton truck he was driving overturned and caused a fellow Guard member and passenger, Robert Ward, bodily injury. Stallings was the named insured in Michigan Mutual Liability Company’s “Auto-Guard” Family Insurance Policy. When Ward sued Stallings for the injuries, Michigan Mutual refused to defend Stallings and denied responsibility to pay any judgment that might result. In addition to other coverages, the policy obligated the company to defend and pay judgments up to the policy limit if the insured was driving a “nonowned automobile.” The company maintained that the three-quarter-ton army truck with canvas top and doors was not an automobile. What do you think? (Michigan Mutual Liability Company v. Stallings, 523 S.W.2d 539)
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