INDEMNITY INS. CO. OF NORTH AMERICA v. LAHMAN

INDEMNITY INS. CO. OF NORTH AMERICA v. LAHMAN
1934 OK 493
36 P.2d 274
169 Okla. 380
Case Number: 23296
Decided: 10/02/1934
Supreme Court of Oklahoma

INDEMNITY INS. CO. OF NORTH AMERICA
v.
LAHMAN.

Syllabus

¶0 1. Insurance--Automobile Policy--Construction of "Additional Assureds" Provision--"Household" Defined.
Persons who dwell together as a family constitute a household.
2. Same--Daughter and Her Husband Re. turning to Parental Home for Few Days Held not Members of Household.
Where A marries the daughter of B, and A and wife establish their own home, but later A and wife return to the home of B for a few days, by such temporary return of A and wife they do not become members of B's household.
3. Same--"Additional Assureds" Provision of Policy Inoperative Unless Driver Had Permission to Drive Car at Time Liability Occurred.
In order for the provision of the insurance policy pertaining to "additional assureds" to become operative, it is necessary that the person operating the car have permission to so operate the car at the time of incurring liability.
4. Same--Judgment Against insurance Company in Garnishment Proceeding in Aid of Execution Reversed.
Record examined, and held: The judgment of the trial court is reversed, with directions to render judgment in accordance with this opinion.

Appeal from District Court, Tulsa County: Thurman S. Hurst, Judge.

Garnishment proceedings in aid of execution by Marion S. Lahman against the Indemnity Insurance Company of North America. Judgment for plaintiff, and garnishee appeals. Reversed.

Ellis A. Robinson and Quincy J. Jones (R. D. Hudson and W. E. Hudson, on briefs), for plaintiff in error.
Ford & Montgomery (Leslie W. Lisle, of counsel), for defendant in error.

CULLISON, V. C. J.

¶1 This case was consolidated with case No. 22310, Indemnity Ins. Co. v. Sanders, 169 Okla. 378, 36 P.2d 271, for the purpose of briefing in this court.

¶2 Both cases arose out of the same accident.

¶3 The decision of this court this date, in case No. 22310, determines and is conclusive of the issues of law in the case at bar.

¶4 The judgment of the trial court is reversed.