Higgenbottom v. Aetna Casualty & Surety Co.

The plaintiff brought a prior action in tort against the defendant’s insured and the insured’s adult son, seeking damages for injuries sustained in an accident caused by the son’s negligent operation of the insured’s motor vehicle. The defendant refused to defend its insured in that action because the son was driving the insured’s motor vehicle without the insured’s permission, and, therefore, the risk was not within the coverage of the policy. The plaintiff recovered judgment, and execution on the judgment issued but it has not been satisfied. The plaintiff then brought the present action…