288 Mass. 218 | Mass. | 1934
These are suits in equity brought under G. L. (Ter. Ed.) c. 214, § 3 (10), to reach and apply in satisfaction of final judgments money under insurance policies issued under the Massachusetts motor vehicle law. Judg
The trial judge made the following summary of the evidence before him: Frank T. Wells, the operator of the automobile in question, was a brother of the owner, Walter J. Wells. It was registered in the name of the owner during the year 1931. He died on July 4, 1931. At some time before his death, he entered into an arrangement with his brother whereby the latter was given permission to use the automobile whenever he desired. Up to the time of the death of the owner the brothers lived together. Before the owner’s death he was confined in a hospital for about three months, during which time the brother operated the automobile with his permission. After the death of the owner the brother continued to operate it without any change in registration. The accident out of which the original actions were brought occurred September 21, 1931, and about two months after the owner’s death. No administration upon his estate has been taken out. In the first case the judge entered the following order for a decree: “As there is a provision in the policy that 'If the death, insolvency or bankruptcy of the Assured shall occur within the policy period, the policy during the unexpired portion of such period shall cover the legal representatives of the Assured,’ and as no executor or administrator of the estate of Walter J. Wells, the assured, has been appointed, I rule that the complainant is not entitled to the relief prayed for in the bill of complaint, and I order that a decree be entered dismissing the bill.” A similar order was entered in the second case. After a hearing for the entry of a final decree in each case, by agreement of parties the cases were reserved and reported to this court.
To entitle the operator of an automobile to have the indemnity covered by the policy it must appear that at the time and place of the accident he was driving the car “with
In each case a final decree is to be entered dismissing the bill, with costs.
Ordered accordingly.