Cohen v. Erie Indemnity Co.

KALISH, J.,

I. BACKGROUND

This is a petition for a declaratory judgment. On January 1, 1975 at 2:15 a.m., a three car collision occurred on Bustleton Pike in Bucks County. It was stipulated that: one of the drivers, petitioner Richard Cohen, was operating his mother’s business vehicle without her permission; at the time, petitioner was the “named insured” under his own policy of auto insurance with the Erie Indemnity Company; and the policy was in full force and effect. Erie’s rejection of petitioner’s claim under that policy has generated this action.

The issue presented for determination is…