Phoenix Indemnity Co. v. Barrett

Recovery sought in this suit from the indemnity company on its policy contract of the amount of a judgment at law, based on negligence in operation of an automobile, was resisted before the chancellor on the ground that the automobile was being driven, at the time the accident occurred on the streets of Murfreesboro, by a boy under sixteen years of age; that this was in violation of an ordinance of the city of Murfreesboro, and the indemnity company relied on a provision in its policy contract reading as follows:

“This policy shall not indemnify the assured in respect of any automobile while…