Employers' Liability Assurance Corp. v. Madric

Southerland, C. J.:

This is an action brought by Employers’ Liability Assurance Corporation for a declaratory judgment determining its liability in respect of insurance coverage under a policy of automobile liability insurance on a Buick automobile owned by David Madric.

An accident occurred in January, 1959, while Madric’s son was operating the car. The defendant Henderson suffered injuries and brought suit against Madric. He and Madric claimed that the risk was covered. The insurance company denied liability on the ground of a restrictive endorsement on the policy and filed this action.…