Barkley v. International Mutual Insurance

The sole question to be decided in this appeal is whether a brother of an insured, who is married, with a family of his own and living separate and apart from the insured, is a member of the insured’s immediate family within the meaning of an automobile liability policy which provides that the policy only covered the named insured and members of his immediate family when operating the insured’s automobile with his permission.

The facts giving rise to this litigation are not in dispute and, as stipulated for the record, are as follows:

Vincent Adams (or Vinson Adams, his given name being spelled…