American Family Mutual Insurance Group v. Claggett

CLEMENS, Commissioner.

The question presented: When an automobile liability policy on its face purports to exclude a named driver by referring to a numbered endorsement but no such endorsement is attached, is the named driver excluded from coverage? We say no, and affirm the trial court’s declaratory judgment.

Plaintiff issued an automobile liability policy to defendant Virginia Claggett. By its omnibus clause the policy covered other persons driving with her permission. Of prime interest here is a clause in the policy purporting to exclude Mrs. Claggett’s son Carl as a driver. He was driving…