Wagoner v. Fidelity & Casualty Co.

On August 21, 1924, the insured, owner of an automobile, permitted her son, then under seventeen years of age and not having a chauffeur’s license, to drive the car. While driving the car, unaccompanied by a licensed chauffeur or the owner, in a public place, her son negligently killed plaintiff’s intestate. The plaintiff brought action against her and recovered therefor. The defendant insurance company denied liability and refused to take part in the defense, claiming that its policy, which it had issued to the owner, did not cover the risk. This action is brought to recover from defendant…