Hanover Insurance v. Locke

The insurer sought a declaration that Stephen Locke, who allegedly killed James M. Maloney in a hit and run accident while driving his father’s automobile, was not covered by his father’s insurance policy. The reason for no coverage, in the view of the insurer, is that both the compulsory and the optional parts of the policy provide coverage only if a person is operating the vehicle with the consent of the vehicle’s owner.

A judge of the Superior Court found that Stephen, at the time of the accident, did not have the express or implied consent of either of his parents to drive the car. Under…