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DODSON v. SISCO

September 30, 1955

BRUCE DODSON, ATTORNEY IN FACT FOR SUBSCRIBERS AT CASUALTY RECIPROCAL EXCHANGE OF KANSAS CITY, MISSOURI, AN INTER-INSURANCE ASSOCIATION, PLAINTIFF,
v.
ALF SISCO, WAYNE KINION, TROY CLARK, RONALD TUCKER AND GLEN DAVID EICHER, DEFENDANTS.



The opinion of the court was delivered by: John E. Miller, District Judge.

Statement

This cause was tried to the Court on September 26, 1955, and the Court having considered the arguments and contentions of the parties, along with the evidence adduced by them, now makes and files herein its findings of fact and conclusions of law, separately stated.

Findings of Fact

1.

The plaintiff is a citizen of the State of Missouri and is engaged in acting as Attorney in Fact for Subscribers at Casualty Reciprocal Exchange of Kansas City, Missouri, which is an inter-insurance association, and is authorized to issue policies of insurance in the State of Arkansas.

The defendants are each citizens of the State of Arkansas and reside in Washington County, Arkansas.

The amount in controversy exceeds the sum of $3,000, exclusive of interest and costs.

2.

The plaintiff entered into a contract of public liability insurance with Mrs. L.E. Johnson of Springdale, Arkansas, which was in full force and effect on February 7, 1955. The policy provides that the plaintiff will "* * * pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness, or disease, including death at any time resulting therefrom, sustained by any person, caused by accident and arising out of the ownership, maintenance, or use of the automobile." The automobile was specifically described in Item 4 of the Declarations as a 1952 Buick Four-Door Sedan, Motor No. 69211505.

Insuring Agreement III is as follows:

    "With respect to the insurance for bodily injury
  liability, and for property damage liability, the
  unqualified word `insured' includes the named insured
  and also includes any person while using the
  automobile and any person or organization legally
  responsible for the use thereof, provided the actual
  use of the automobile is by the named insured or with
  his permission. * * *"

3.

The insured automobile was involved in a collision on U.S. Highway 71 between the cities of Fayetteville and Springdale in Washington County, Arkansas, on February 7, 1955, while being driven by defendant Glen David Eicher. At the time the defendants Troy Clark and Ronald Tucker were passengers of Eicher in the insured automobile. The insured automobile collided with a pickup truck owned and being driven by defendant Alf Sisco, and the said truck struck a vehicle owned and being driven by defendant Wayne Kinion.

As a result of the collision of the insured automobile with the pickup truck of defendant Sisco and the automobile owned by defendant Wayne Kinion, they made a demand upon the defendant Glen David Eicher and the plaintiff for the payment of a sum of money in excess of $3,000 for injuries and damages which they claimed to have sustained in said collision. The defendant Glen David Eicher has demanded that the plaintiff defend any and all actions which may be instituted by the various claimants against him and make payment of any and all damages which might be adjudged against him arising from the operation of the insured automobile.

4.

Under Insuring Agreement II, the plaintiff obligated himself to "defend any suit against the insured alleging such injury, sickness, disease, or destruction, and seeking damages on account thereof, even if such suit is groundless, false, or fraudulent; but the company may make such ...


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