MacClure v. Accident & Casualty Insurance Co.

Preliminarily we should observe that under the definition of “insured” in the above quoted clause of the policy, Spence, operator of the LaSalle automobile by permission of the owner, is as much entitled to the benefit of the insurance as the “named insured,” Delph, and stands in the same relation to the plaintiff in the procedure for ultimate recovery.

The defense that the insurer had not been notified of the accident or of the institution of the suit against him is not tenable. Delph had promptly notified agents of the Company of the occurrence and they, together with claim adjuster DeVault,…