Damhesel v. Hardware Dealers Mutual Fire Insurance

This appeal comes from an order entered March 9, 1964, which granted appellee’s motion for a judgment on the pleadings. The facts are not in dispute; the only question before us is one of law.

The appellant was a passenger in an automobile owned and operated by one George Kleckauskas when it was involved in an accident with an automobile operated by Peter Spogis. It is undisputed that the accident was caused by the negligence of Spogis.

At the time of the accident, Kleckauskas was covered by an automobile liability insurance policy issued by the appellee which contained provisions for the…