Farm Bureau Insurance v. Pedlow

I cannot accept the opinion of Chief Judge Lesinski nor the result he reaches. The liability of Pedlow and Myers to Verrette, if any, arises from the accident and not from Verrette’s illegal employment. In Edward Stern & Co. v. Liberty Mutual Insurance Co. (1921), 269 Pa 559 (112 A 865), the supreme court of Pennsylvania held an illegally employed minor to be an employee under an insurance policy issued by defendant to the employer. In the opinion appears the following (p 563):

“The illegal employment of a minor under 16 was an incidental and independent transaction; it was a distinctive…