143 A. 885 | Conn. | 1928
The plaintiff recovered a judgment against one Jessie G. Ferguson, for damages for personal injuries received as the result of the operation of an automobile owned by her. At the time the injuries were received, Jessie G. Ferguson was insured by the defendant against loss from liability imposed by law for such injuries. This action is brought under Chapter 331 of the Public Acts of 1919, by which the judgment creditor in such case is subrogated to the rights of the assured against his insurer. The policy written by the defendant contained the following provision: "That this policy does not cover while any automobile is being driven by any person in violation of law as to age, or if there be no age limit, under the age of sixteen (16) years." At the time the plaintiff's injuries were received, the automobile which struck her was being operated by the son of Jessie Ferguson, who was then seventeen years old and was not accompanied by a licensed operator. These facts are stipulated, and we are asked to determine whether such operation was in violation of law as to age within the meaning of the insurance policy so as to bar a recovery thereunder.
Public Acts of 1921, Chapter 400, § 15, which was in force at the time of the accident in which the plaintiff received her injuries, provided as follows: "No person shall operate a motor vehicle upon any public highway of this State until he shall have obtained from the commissioner a license for such purpose, provided any person over sixteen years of age who has not been refused and who has not had his motor vehicle operator's license suspended or revoked, may operate a motor vehicle while under the instruction of, and accompanied by, a licensed operator, who shall have full control of the motor vehicle as provided by law. No such *600
license shall be issued . . . until the commissioner is satisfied that the applicant is over eighteen years of age and is a proper person to receive such a license." It is conceded by the plaintiff that the Ferguson car was being driven in violation of this statute. The driver was under eighteen and was not accompanied by a licensed operator. But it is contended that this provision in the policy relates solely to the age of the operator of the car, and that the policy covers unless the driver of the car is under the minimum age (not less than sixteen) at which one may lawfully drive a motor vehicle. Reliance is placed upon the case ofBrock v. Travelers Ins. Co.,
The Court of Common Pleas is advised that the operation of the motor vehicle was in violation of law as to age within the meaning and intent of the insurance policy, and that the defendant is not liable under the terms of the policy for the judgment obtained by the plaintiff.
In this opinion the other judges concurred.