Fagiani
Fagiani v. General Accident, Fire & Life Assurance Corp.
Opinion
Lead Opinion
Finch, J.
The plaintiff is the father of Anita Fagiani, a minor, who was struck and injured by an automobile owned by W. A. Bennett and driven at the time of the accident by his wife, Celeste Bennett. Based upon such injuries the plaintiff recovered judgment for damages against Celeste Bennett. Thereafter this action was commenced to recover the amount of said judgment from the defendant herein, under the terms of a policy of liability insurance issued by the defendant to W. A. Bennett. Judgment was entered in favor of the plaintiff and the defendant has appealed.
The policy contains the following provisions:
The answer alleges that “Celeste Bennett was not legally operating the automobile referred to at the time of the alleged accident.” It was stipulated at the trial that she did not have an operator’s license at the time of the accident or prior thereto. She was driving the automobile with the express permission of W. A. Bennett.
The only question presented by appellant is whether Celeste Bennett was “legally operating” the automobile within the meaning of the quoted words as used in the policy, she not having been licensed to drive any automobile. Under a liberal definition of the…