Lokos v. New Amsterdam Casualty Co.

The plaintiff sues to recover medical payments under the contract of insurance herein. The pertinent part of the said contract is as follows: “To pay to or for each person who sustains bodily injury, caused by accident, while in or upon, entering or alighting from (1) the automobile, if the injury arises out of a use thereof which is insured for bodily injury liability and is by or with the permission of the named insured.” On October 14, 1947, plaintiff, accompanied by his father and mother, was driving his father’s car from a place at or about 42nd Street in the Borough of Manhattan to his…