[DOWNLOAD] "Hays v. Country Mutual Ins. Co." by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Hays v. Country Mutual Ins. Co.
• Author : Supreme Court of Illinois
• Release Date : January 27, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This case turns upon the meaning and application of the ""omnibus clause"" of a policy of automobile liability insurance, which extends coverage to other persons in addition to the named insured. The plaintiff suffered personal injuries when the automobile in which she was a passenger struck a culvert. She sued the driver, Thomas Hargis, and recovered a judgment for $11,267.50. She then commenced this action upon the judgment against the defendant, Country Mutual Insurance Company, claiming that the driver, Hargis, was an additional insured within the terms of a policy of insurance issued to Stanley Daily, the owner of the automobile. At the close of the plaintiff's case the trial court sustained the defendant's motion for a directed verdict. Upon appeal, the Appellate Court for the Third District reversed and remanded by a divided vote. The defendant moved to strike the remanding clause, and consented to the entry of judgment against it in the sum of $11,267.50 in the event that the judgment of the Appellate Court should be affirmed. The case is here upon a certificate of importance granted by the Appellate Court. The clause of the insurance policy in issue extends the liability coverage ""to any person or persons while riding in or operating the motor vehicle described in this policy when such motor vehicle is being used for the purpose and in the manner described in this policy * * *. The coverage hereby afforded shall not apply unless the riding, use or operation above referred to be with the permission of the Insured named in this policy, or if such Insured is an individual, with the permission of any adult member of such Insured's family * * *.""

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