Strickland v. Georgia Cas. & Sur. Co

In Strickland v. Georgia Cas. & Sur. Co., 224 Ga. 487 (162 SE2d 421) (1968), the Court considered the question of "whether or not coverage under the omnibus provision of the policy is extended where the vehicle is being used for a permitted purpose by a driver expressly prohibited from operating it." Id. at 489. According to Strickland: The "general rule" that a permittee may not allow a third party to "use" the named insured's car has generally been held not to preclude recovery under the omnibus clause where: (1) the original permittee is riding in the car with the second permittee at the time of the accident, or; (2) the second permittee, in using the vehicle, is serving some purpose of the original permittee. The courts generally reason that under such circumstances the second permittee is "operating" the car for the "use" of the first permittee and that such "use" is within the coverage of the omnibus clause. Id. at 491.