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INDEMNITY INS. CO., ETC. v. METROPOLITAN CAS. INS. CO.

33 N.J. 507 (1960)

166 A.2d 355

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION, ET ALS., PLAINTIFFS-APPELLANTS, v. METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, A CORPORATION, ET ALS., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 5, 1960.

Attorney(s) appearing for the Case

Mr. Philip M. Lustbader argued the cause for the plaintiffs-appellants (Messrs. Schneider, Lustbader & Morgan, attorneys; Messrs. Henry G. Morgan and Gerald M. Zashin, on the brief).

Mr. Frank P. Zimmer argued the cause for the defendants-respondents (Messrs. Zimmer & Selikoff, attorneys).

The opinion of the court was delivered by PROCTOR, J.

This case concerns coverage under the omnibus clause of an automobile liability insurance policy issued by the defendant, Metropolitan Casualty Insurance Company of New York. The question for decision is whether such omnibus coverage extends to a person who in effect was expressly prohibited by the named insured from operating the latter's car, but who nonetheless operated...

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