Cassin v. Financial Indemnity Co.

WOOD (Fred B.), J.

Plaintiffs brought this action upon an automobile liability insurance policy issued by the defendant, for reimbursement for the amount of the judgment, costs and attorney fees incurred by them in an action brought against them by Pamela Beaumont who was injured in a collision with plaintiffs’ car. Plaintiffs’ car was being driven by one Earl Van Dyke, who was 62 years old at the time. Defendant claims that its policy bore a “preferred rating endorsement” which excluded insurance coverage “while the automobile is operated by or in the care of anyone who: . . . (2) Is over 60…