Abbott
Abbott v. Interinsurance Exchange
Opinion
Opinion
Conley, J.
—This appeal is concerned with the question whether the Legislature intended to change the previously enforced public policy of the state with respect to coverage by all insurance policies of innocent third parties injured by an insured’s automobile when driven by a permit-tee, through the addition of an endorsement to a policy to the effect that the insurance would not apply if a specified person were driving the ear. The trial court held that the public policy of the state is not eliminated by such a device. We approve the holding.
The record shows that the plaintiffs, H. J. Abbott and his wife, held a policy issued by Interinsurance Exchange of the Automobile Club of Southern California, which insured them against claims made by other persons for damages caused by the operation of the automobile in question. However, their son, Barry Abbott, had previously had difficulties with his driving and the parents had signed an endorsement added to the policy which stated that the insurance would not be effective while their son was using the car in question. Thereafter, Barry Abbott, as permittee, collided with another vehicle containing one Phillip Batchelder, Jr., who was injured in…