McConnell v. Travelers Indemnity Company

On Rehearing

PER CURIAM.

In an application for a rehearing counsel for Employers, the public liability in*519surer of Montaldo Insurance Agency, Inc., are complaining that we erred in holding that the doctrine of Parks v. Hall, 189 La. 849, 181 So. 191 (1938) is applicable to this case for the reason that there was no initial permission given to and no coverage of Giblin, as an omnibus insured, in view of the fact that the automobile was placed in his possession solely as an automobile repair man.

Conceding, for purposes of discussion, that counsel are correct with respect to the initial deposit of the car with Giblin for repair work and that he was not covered as an omnibus insured at that time, the result reached by us is nonetheless proper in view of the particular facts and circumstances of the case which are detailed in our original opinion. There, it is shown that Giblin and his wife attended a political meeting, in the insured car where they met Montaldo, President of the insured agency, and his date. Afterwards, Montaldo and Giblin engaged in a joint pleasure pursuit, the two couples, with Giblin driving the Thunderbird, going to a local restaurant for a late dinner at approximately Í1:00 p. m. This, together with other facts set forth in our original opinion, plainly evidences at least implied permission by Montaldo to Giblin to use the car for purposes other than to locate the cause of the “hum” in the motor. Hence, the later use of the car by Giblin for his own personal pleasure was covered under this initial permission as an omnibus insured and it is immaterial, under Parks v. Hall and the other cases cited in our original opinion, that he deviated albeit we entertain doubt under the believable facts that Montaldo placed any restriction on Giblin’s personal use of the agency’s automobile.

The application for a rehearing is denied.

HAMLIN, J., dissents, adhering to the views previously expressed. HAMITER, J., concurs in the result.