Bakker v. Aetna Life Ins. Co.

Pound, Ch. J.

I agree with Judge O’Brien that owners of private motor vehicles are free to remain uninsured and that the contract of insurance may restrict its coverage as to time and place and use and as to injuries covered.

However, the owner did not go uninsured. A liability policy was issued and delivered, not limited as above indicated, but limited as to liability. Section 109 of the Insurance Law (Cons. Laws, ch. 28) provides: “ No such policy shall be issued or delivered in this state on or after July first, nineteen hundred and twenty-four, to the owner of a motor vehicle, by any…