Asnis v. Bankers Indemnity Insurance

The judgment under review will be affirmed, for the reasons given by Circuit Court Judge Porter.

We deem it desirable to add to his conclusions that in our view the refusal to nonsuit on the ground there was no liability under the terms of the policy was justified.

The provision relied upon by the defendant below reads:

“6. This policy shall apply in the same manner and under the same conditions as it applies to the named assured, to (a) any person or persons while riding in or legally operating any of the said automobiles and to any person, firm or corporation [except an automobile garage,…