Orcutt v. Erie Indemnity Co.

Opiyioíst by

Parker, J.,

In this action the plaintiff sought to recover from the defendant, insurance carrier for John Mendicino, the amount of a judgment which plaintiff had recovered against Mendicino for injuries suffered while a passenger in Mendicino’s car. The insurance carrier disclaimed liability under the insurance policy on the ground that at the .time of the accident the plaintiff was being carried by Mendicino as a passenger for hire contrary to a provision in the policy which provided, that “no liability is assumed on account of accidents occurring while the insured automobile is…