National Grange Mutual Insurance v. Cervantes

Appeal from a judgment of the Supreme Court dismissing the complaint after a trial by the court without a jury. The relief sought by the plaintiff insurance company was a declaration that defendants who are its insured, the operator of his motor vehicle and the plaintiff in an action for wrongful death against the insured and the driver “ are not entitled to protection, coverage and defense ” under a policy of automobile liability insurance issued to the owner of the vehicle. The exclusionary clause relied on provided that the policy did not apply, with an exception not pertinent here, “…