Costanzo v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance

The opinion of the court was delivered by

Pkoctok, J.

The Superior Court, Law Division, after a trial without a jury, dismissed plaintiffs’ action based on an automobile liability insurance policy. On our own motion we certified plaintiffs’ appeal before the Appellate Division considered it.

The controversy arose out of the following factual situation : On July 2, 1953 there was in existence an automobile liability insurance policy issued by the defendant insurer to Dennis McKnight Sturgill, Sr., as the named insured. The policy contained the following omnibus clause:

‘‘III Definition of Insured

Wi…