Jensen v. Canadian Indemnity Co.

HEALY, Circuit Judge.

The appeal is from a judgment denying recovery in a suit on a policy of automobile liability insurance. The case was tried to the court, sitting without a jury. The trial court’s special findings of fact, not challenged here, disclose the following situation:

Peter P. Hansen was insured by appellee in respect of liability for injuries to or the death of third persons growing out of the operation of the insured’s car. The policy of insurance contained a provision to the effect that “the company shall not be liable * * * for: * * * Accidents occurring while the automobile *…