Nationwide Mutual Insurance Co. v. Schilansky

CAYTON, Acting Judge.

This was a suit under a Medical Payments clause of an automobile insurance policy. Plaintiff claimed for medical expenses flowing from an injury sustained while operating the insured automobile with the permission of his brother, to whom the policy had been issued. The insurance company defended on the ground that certain exclusionary language in the policy barred recovery. The case was tried on stipulated facts and judgment was for plaintiff.

It was stipulated that plaintiff sustained, his injuries while operating the automobile with the consent of his brother, the…