Herman Gerka, Appellant v. the Fidelity and Casualty Company of New York, Respondent

Summary

The Court reversed the Appellate Division, holding that the insurance policy covers the plaintiff's injury because the boy who drove the wagon did so without the insured's permission, and that the insurer is estopped from asserting the policy exclusion after it learned of the boy's age and continued to defend the negligence action. The case is remanded for a new trial.