Preferred Acc. Ins. Co. Of N. Y. v. Grasso

CLARK, Circuit Judge.

This is an action by an insurance company for a declaratory judgment of non-liability under one of its policies. The plaintiff having obtained the relief it sought, an appeal has been taken by the insured and a damage-claimant of the latter. The issue is primarily one as to the extent of coverage of the policy under the circumstances disclosed. It is a “Dealers, Garage or Service Station Liability Policy” of the Protective Indemnity Company, a former subsidiary now merged with plaintiff, issued on December 22, 1944, to defendant-appellant Charles Ostop, who operated the…