Sears v. Pacific Mutual Life Insurance

*517The opinion of the court was delivered by

Dawson, J.:

This is an action on a policy of accident insurance.

Plaintiff was the named beneficiary of a policy of insurance issued by defendant to plaintiff’s son who was killed in an automobile accident; and the main question involved in this appeal turns on the proper significance to be given to a clause in the policy which provided that the defendant would only be liable if the accident and injuries occurred to the insured—

“While actually riding in any private automobile, provided that the insured shall not then be a hired driver thereof, and the…