King
Associated Indemnity Corp. v. King
Opinion
Opinion
Jefferson, J.
Plaintiff insurer, Associated Indemnity Corporation, brought this action for declaratory relief, seeking a determination of rights and liabilities incurred as the result of the issuance of a policy of automobile liability insurance to defendant John C. Price. Joined as additional defendants were: Michael Price, John’s son; third party claimants, the Kings;. Home Indemnity Company, subrogee of -the Kings’ claims against the Prices. After a court trial, plaintiff was declared free of liability to any of the defendants. The defendants have appealed the judgment.
On July 8, 1967, plaintiff insurer issued its written policy of automobile liability insurance to John C. Price. The policy insured him and additional insured persons described therein for liability arising out of the ownership, operation, maintenance and use of three automobiles, including a 1958 Ford. The policy contained the following restrictive endorsement: “Except as respects Fire, Theft and Comprehensive; no insurance is afforded by the policy to the named insured or any other insured while any automobile is being operated or driven by any of the following persons: Michael Lawrence Price.”