Benoit

Universal Automobile Ins. v. Benoit

Good Law
67 F.2d 52·1933 U.S. App. LEXIS 4358
United States Court of Appeals for the Ninth CircuitSeptember 16, 1933No. 6886California1,353 words

Opinion

Lead Opinion

Norcross, J.

This case was submitted to the lower court upon an agreed statement of facts which sets forth that the appellant company issued a policy of insurance to James P. Lutfy on an automobile owned by him; that said person gave his express- consent to his brother William P. Lutfy to drive his ear, and, while William was so operating the machine, he injured appellee; that at the time of the accident William had neither a permanent nor temporary operator’s license as required by the laws of Arizona; that he was afflicted with “tunnel vision,” whereby the scope of his vision was narrowed and restricted to a limited section, but this limited vision was unknown to James Lutfy; that suit in the state court against the brothers resulted'in a directed verdict for the owner James and a verdict against William in the sum of $16,506; that execution was issued and returned wholly unsatisfied; that the insurance policy in suit contained an extended coverage clause, reading: “In addition to the Assured named in this policy such insurance as is granted under Item 6 and/or Item 7 shall be available, in the same manner and under the same conditions and to the same extent as it is available to the Assured…

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