(dissenting)—I respectfully dissent. The sole issue is whether the trial court erred in determining Mr. Sears was not an insured under the St. Paul policy at the time of the accident. The court ruled the word "allow", contained in the relevant insurance contract clause, is synonymous with "permit", and proceeded to find Mr. Sears was not within the scope of the permission granted by the named insured when the accident occurred and therefore not covered by the St. Paul policy. I disagree with the trial court's construction.
An omnibus clause is an inclusionary clause; inclusionary clauses in an insurance policy should be liberally construed to provide coverage for those who can reasonably be embraced within the terms of the clause. Riley v. Viking Ins. Co., 46 Wn. App. 828, 829, 733 P.2d 556 (1987); Pierce v. Aetna Cas. & Sur. Co., 29 Wn. App. 32, 36, 627 P.2d 152, review denied, 95 Wn.2d 1032 (1981). Further, a court cannot modify clear and unambiguous language in an insurance policy under the guise of construing or interpreting it. Britton v. Safeco Ins. Co. of Am., 104 Wn.2d 518, 528, 707 P.2d 125 (1985). By interpreting "allow" to mean "permit", and then assigning the case law defined legal significance of scope of permission in omnibus clauses to this contract, the trial court has failed to abide by these rules. The clause made an additional insured any person the named insured allowed to use its vehicle. It did not expressly or impliedly put limits on that coverage.
In addition, it is not the case that "allow" is synonymous with "permit". Webster's Third New Int'l Dictionary 58 (1969) defines allow as: "4: permit... a: to permit by way of concession ... b: to permit by neglecting to restrain or prevent". (Italics mine.) This synonymous use of allow *529indicates a kind of permission, without attempts at setting limits. On the other hand, "permit" is defined in Webster's, at 1683, as "1: to consent to expressly or formally". (Italics mine.) Additionally, Random House College Dictionary 37 (rev. ed. 1975) explains that while "allow and permit are often interchangeable, . . . permit is the more positive. Allow implies absence of an attempt, or even an intent, to hinder. Permit suggests formal or implied assent." (Italics mine.) Thus, the trial court had to interpret and construe the general word "allow" to be more restrictive than normally understood by the average person. An insurance contract should not be given such a "strained or forced construction", but must be read as the average person would read it. See E-Z Loader Boat Trailers, Inc. v. Travelers Indem. Co., 106 Wn.2d 901, 907, 726 P.2d 439 (1986).
St. Paul contends Washington cases have used the words "permission" and "allow" interchangeably when discussing insurance contracts, citing Safeco Ins. Co. of Am., Inc. v. Pacific Indem. Co., 66 Wn.2d 38, 45, 401 P.2d 205 (1965) (quoting State Farm Mut. Auto. Ins. Co. v. Williamson, 331 F.2d 517, 520 (9th Cir. 1964)) and Grange Ins. Ass’n v. Ochoa, 39 Wn. App. 90, 93-94, 691 P.2d 248 (1984). However, those courts' use of the terms do not support St. Paul's contention. In Safeco, and in Grange, the issue was whether the scope of permission initially granted to a father to drive a vehicle included the implied permission to allow a son to drive the vehicle. The first question, scope of permission, was concerned with setting parameters. The second question, the allowance, was not synonymous with the first, and not at all concerned with parameters. As noted, "allow" implies absence of an attempt, or even an intent, to hinder, but "permit" suggests formal or implied assent. This difference in meaning is consistent with the context in which the two words have been used in the cited cases, and does not support St. Paul's contention the words may be used interchangeably in insurance contracts.
Motor vehicle liability policies are required to include an omnibus clause, RCW 46.29.490(2)(b), and the liability of *530the insurer becomes absolute when injury or damage occurs which is covered under that policy. RCW 46.29.490(6)(a); Tibbs v. Johnson, 30 Wn. App. 107, 111, 632 P.2d 904 (1981). Unlike other types of contracts, insurance policies must be interpreted in light of important public policy and statutory considerations. Mission Ins. Co. v. Guarantee Ins. Co., 37 Wn. App. 695, 699, 683 P.2d 215 (1984); Tibbs, at 110. While RCW 46.29.490(2) (b) only requires coverage for persons using a vehicle with express or implied permission of the named insured, and permission is limited by the scope granted by the named insured, Eshelman v. Grange Ins. Ass'n, 74 Wn.2d 65, 442 P.2d 964 (1968), an insurance policy is not limited by the minimum requirements of the statute. Liljestrand v. State Farm Mut. Auto. Ins. Co., 47 Wn. App. 283, 290, 734 P.2d 945 (1987).
St. Paul has used language providing broader coverage than it may have subjectively intended. However, the record clearly indicates St. Paul knew how to restrict coverage by use of standard "scope of permission" omnibus clause terminology. St. Paul replaced standard omnibus clause language with the language at issue here. This change in language was relatively new. Change of policy language is significant and binding on insurance companies. United Pac. Ins. Co. v. Larsen, 44 Wn. App. 529, 532, 723 P.2d 8, review denied, 107 Wn.2d 1012 (1986). Judicial construction of clear, unambiguous language, setting no scope of permission limitations on coverage, that reads into policy terms an insurance carrier's later expressed subjective intent in effect allows reformation of an insurance contract in order to deal with specific facts. Such reformation should not be permitted. Mission Ins., at 699. Construing this contract language to preclude coverage is at odds with the public policy of this state as expressed by our Legislature to protect the traveling public and provide insurance coverage where persons are injured on the state's highways. By its plain language, it covers persons who are allowed to use an auto owned by the named insured, and no exceptions are enumerated nor implied by any usual "scope of *531permission" terminology.1 An inquiry into whether as between the employer and employee any restrictions were placed on the allowed use is irrelevant.
Mr. Sears was allowed to use an auto owned by the named insured. Thus, he was an insured under the policy issued by St. Paul Fire and Marine Insurance Company, Inc. I would reverse granting summary judgment in the declaratory action and would direct the entry of judgment finding Mr. Sears was covered by the St. Paul insurance policy.
See, e.g., Eshelman v. Grange Ins. Ass'n, supra at 66, which contained language that specified the "actual use of the automobile" by another must be "with the permission" of the named insured. Although the policy did not contain language specifically limiting coverage to uses within the scope of permission, the language used was more specific than the term "allow" and connotes express or implied parameters to the permission granted.