Joseph C. Maclellan v. Liberty Mutual

The proceeds of a motor vehicle liability insurance policy issued to a corporation could not be reached and applied in satisfaction of a judgment against an employee of the corporation for injuries resulting from his operation of his own automobile on the corporation's business where, although such use of an automobile ""nonowned"" by the corporation was the ""hazard"" described in the policy and the employee was included in an accompanying schedule of ""Nonowned Automobiles,"" he was not an executive officer of the corporation and was not an insured under the policy in view of a provision thereof defining the ""insured"" as meaning the named insured and any executive officer of the named insured. On April 16, 1958, Walter G. Bruce was involved in an automobile accident which resulted in the death of Barbara A. MacLellan. Her executor brought an action against Bruce in which he obtained a judgment in the sum of $65,218.83. This judgment has been reduced by the payment of $25,000 and this suit is brought to reach and apply the proceeds of an insurance policy written by Liberty Mutual Insurance Company (Liberty). The Judge made findings of material facts and found that the plaintiff was entitled to the sum of $40,218.83. From a decree accordingly Liberty appealed. The evidence is reported.