Topkis v. Rosenzweig

Opinion by

Mr. Justice Barnes,

The one question here presented is whether a policy of liability insurance upon a rented automobile, by an exception clause, excludes from its coverage the liability of the driver for injuries sustained by a third person while riding therein.

On March 18, 1930, the defendant rented an automobile from Hertz Driv-Ur-Self Company, which was covered by a certain policy of liability insurance then in force, issued by the garnishee, Continental Casualty Company, for the protection of the Hertz company and all bailees renting cars from it. The policy, which insured…