Metcalf ex rel. Estate of Metcalf v. United States Fidelity & Guaranty Co.

Lewis, Chief Justice:

The question to be decided involves the validity of a provision in a certified operator’s policy of automobile liability *311insurance, issued in 1967, whch excluded coverage while the insured was operating an automobile owned by a member of his household.

Appellant’s intestate, Donald Eugene Metcalf, was killed in a one-car accident on August 12, 1967, while riding in an automobile driven by Wayne Cecil Radford but owned by Radford’s wife. Judgments in the total amount of $20,-000.00 were subsequently obtained in 1973 against Radford for the wrongful death of Metcalf.

At the…