Merchants Mutual Insurance v. Factory Mutual Liability Insurance

This is an action for money damages tried without a jury on an agreed statement of facts. This constitutes the findings essential to a decision, leaving only the determination of a mixed question of fact and law.

The facts essential to a decision are as follows:

Mr. B. and Mrs. B. are husband and wife. At the pertinent times they lived together with their two minor sons in a common domicile. Mr. B. was registered owner of a Buick sedan automobile, more fully described in Item 4 of the Declarations found in the policy of insurance issued by the defendant and referred to therein as “the owned…