Summary
In Jones v. New York Casualty Co., D.C., 23 F. Supp. 932, it is held: "Where policy issued on automobile provided for coverage if any person was `using' the automobile with insured's permission or was `legally responsible for its use,' and insured permitted son to use automobile, the fact that son of insured permitted a friend to drive the automobile in which son was riding at time of fatal accident would not preclude recovery from insurer for death of an occupant of the automobile, since son was `using' automobile within terms of policy."
Summary of this case from American Casualty Co. of Reading, Pa. v. WindhamOpinion
June 18, 1999
Appeal from Judgment of Supreme Court, Oneida County, Shaheen, J. — Declaratory Judgment.
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.
Judgment unanimously affirmed with costs.