Dade County Medical Association v. G. Thomas Samartino

This case represents a variation of a recurring problem in automobile liability insurance law dealing with the omnibus clause. Ray, the auto owner, gave Earl permission to use the auto. Earl allowed Surratt to drive the car with Earl as a passenger. Surratt wrecked the car causing injuries to Earl and others not involved here. Surratt was killed. Earl sued Surratts estate and recovered a $22,000 judgment. Morrison Assurance Company, Rays insurer, defended Earls action against Surratt and paid the judgment to the limit of its policy which was $10,000. The balance of the judgment was paid by Surratts carrier to the limit of its policy and by Earls carrier, American Fire and Indemnity Company, for the excess.