286 Mass. 133 | Mass. | 1934
This case was heard upon agreed facts which, summarily stated, so far as material, are as follows: The plaintiff obtained judgment against one Meade for negligence in operating an automobile. The automobile was owned by the Metropolitan Furniture Company of Boston, which was insured by the Liberty Mutual Insurance Company under a policy of compulsory motor vehicle insurance.
The defendant contends that the facts, in law, do not sustain the finding and ruling that Meade was the person responsible for the operation of the motor vehicle with the express or implied consent of the owner within the meaning of the statute; that it is error to hold that within the meaning of the statute and the words of the policy issued to comply with it the motor vehicle here concerned can be found to have been operated by one responsible for such operation with the express or implied consent of the owner, when the conduct of the operator was in direct disobedience of the owner’s orders. It relies upon decisions from other jurisdictions which have interpreted the language of policies of insurance resembling the words of the policy here in question, and have held the insurer not to be liable. Sauriolle v. O’Gorman, 86 N. H. 39. Johnson v. American Automobile Ins. Co. 131 Maine, 288. Heavilin v. Wendell, 214 Iowa,
Detailed discussion of these cases is unnecessary since in the case before us there is present an element, lacking in them, which we deem of supreme importance. The policy here in question was issued to meet the requirements of our statute of compulsory motor vehicle insurance. It is to be construed in connection with that statute and the public policy embodied therein. Our motor vehicle insurance law (G. L. [Ter. Ed.] c. 90, in sections embodying St. 1925, c. 346, St. 1928, c. 381, and St. 1930, c. 340, the acts creating the compulsory liability features) requires as a condition of valid registration of a motor vehicle that the owner furnish indemnity to persons who may be injured by it. One method of furnishing indemnity is by taking out a policy of insurance which must provide “indemnity for or protection to the insured and any person responsible for the operation of the insured’s motor vehicle with his express or implied consent [italics ours] against loss by reason of the liability to pay damages to others . . . arising out of the ownership, operation, maintenance, control or use upon the ways of the commonwealth of such motor vehicle ...” G. L. (Ter. Ed.) c. 90, § 34 A. The policy must contain provisions that liability shall become absolute when the loss or damage for which the insured is responsible occurs as respects “both the owner of a motor vehicle or trailer insured thereunder and any person responsible for its operation with the express or implied consent of such owner” (G. L. [Ter. Ed.] c. 175, §§ 112, 113 A [1], St. 1928, c. 381, § 5); and that “no violation of the terms of the policy and no act or default of the insured, either prior or subsequent to the issue of the policy, shall operate to defeat or avoid the policy so as to bar recovery” by judgment creditor proceeding in the method pursued here. (G. L. [Ter. Ed.] c. 175, § 113 A [5]). Such a policy makes as its assured not only
The statutory language is appropriate and sufficiently inclusive to mean that if his motor vehicle is present in use or operation on the ways of the Commonwealth with the owner’s consent by some one responsible to the owner, then, under the compulsory motor vehicle insurance law, the owner’s consent to the immediate conduct of the user at the moment of an accident is immaterial. We think it should be so construed. O’Roak v. Lloyds Casualty Co. 285 Mass. 532. Nothing in Boyer v. Massachusetts Bonding & Ins. Co. 277
Decree affirmed with costs.