Civil Service Employees Insurance Co. v. Roberts

MOLLOY, Chief Judge.

In this case we are called upon to construe and apply a permissive use clause in what has been referred to as the “drive other cars” coverage 1 of an automobile liability insurance policy. The question presented is whether the use of a particular vehicle was “without the permission of the owner” when it was being driven by a fifteen-year old, unlicensed driver.

We are concerned with an accident which occurred on August 3, 1964, when Fred Roberts was injured in a collision with a “Jeep” vehicle being driven by Ruth Toben. Title to the Jeep was in James M. Hennessy, Jr.…