Brown v. Travelers Insurance Co.

From a judgment sustaining a demurrer to plaintiffs’ complaint without leave to amend in an action to recover upon a public liability insurance policy, plaintiffs appeal.

The essential facts are:

Defendant issued a policy of public liability insurance covering an automobile belonging to the named assured. The policy extended coverage to those persons to whom the named assured gave permission either express or implied to drive the car, provided, -however, that the extended coverage should not apply where the automobile was being driven “by any person under the age of fourteen years, or by any…