Indemnity Insurance Company of North America, a Corporations. v. Metropolitan Casualty Insurance Company of New…

Summary

The Supreme Court of New Jersey held that the omnibus clause of Metropolitan Casualty's automobile liability policy covers a driver who was expressly prohibited from operating the car when the car was being used for a purpose the named insured had permitted. The Court reasoned that the clause requires only permission for the use of the automobile, not for who operates it, and therefore affirmed the trial court's judgment and reversed the Appellate Division. Justice Hall dissented, arguing that the identity of the operator should be considered in determining permission.