Cassin

Plaintiffs brought this action upon an automobile liability insurance policy issued by the defendant, for reimbursement for the amount of the judgment, costs and attorney fees incurred by them in an action brought against them by Pamela Beaumont who was injured in a collision with plaintiffs’ car. Plaintiffs’ car was being driven by one Earl Van Dyke, who was 62 years old at the time. Defendant claims that its policy bore a “preferred rating endorsement” which excluded insurance coverage “while the automobile is operated by or in the care of anyone who: . . . (2) Is over 60 years of age.”

(1) Was the policy limited hy a preferred rating endorsement? No.

The complaint pleads the text of the policy (not showing any such endorsement). The answer shows the text of the alleged endorsement but is not verified. Defendant argues that plaintiffs by failing to file an affidavit sanctioned by section 448, Code of Civil Procedure, admitted execution and genuineness of the endorsement. It is possible that section 448 does not apply to a mere addendum as distinguished from an entire instrument. Moreover, defendant by failing to verify its answer may have admitted the genuineness and…