On Petition to Rehear
Petitioners, J. B. Teague, et als, have filed a forceful petition to rehear in this cause wherein they insist that the Court overlooked material facts in the record and has apparently overlooked the only Tennessee case on the question of implied authority. The assumptions of the Petitioner are incorrect.
This case gave the Court great concern and much time was spent in reading and re-reading the record.. The Court found none of the cases cited by either party exactly on all-fours with the case at bar.
A careful reading of the cases cited, including the case of Howell v. Accident and Casualty Ins. Company, 32 Tenn.App. 83, 221 S.W.2d 901, discloses that the facts in the case at bar are considerably different.
In our opinion, we were careful to point out that the second permittee in all cases does not become an additional insured under a standard liability policy, but that each case should be considered on the facts presented.
We have carefully considered this matter and we believe the Court reached the right decision; therefore, the petition to rehear must be denied.