Rothman v. Metropolitan Casualty Ins.

The original action was tried and submitted to the jury upon the theory that the plaintiff, Rothman, was a guest in the automobile specified in the insurance policy in controversy, and the verdict and judgment were awarded upon the ground that the plaintiff’s injury resulted from wanton misconduct of the driver.

The primary question presented in this case is whether there is a liability of the insurance company under the terms of its policy for damages in consequence of an accident resulting from wanton misconduct. The pertinent provisions of the policy are as follows: “the Metropolitan…