Opinion
Gen. No. 44,727. (Abstract of Decision.)
Opinion filed June 29, 1949 Released for publication July 18, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 59.2 — construction of liability policy when driver was without license. Under automobile liability policy issued to plaintiff's father as named assured and providing coverage of any person using automobile with specific permission of assured, equivocal expression in clause renouncing assurer's liability under any coverage while automobile was being operated by any person under 15 years of age or "as to any person so operating in violation of any State, Federal or Provincial laws as to operators or chauffeurs" was properly construed most strongly against assurer and as not excluding coverage of one operating automobile without a driver's license; hence assurer was liable to plaintiff for amount recovered against plaintiff by third parties as result of accident occurring while plaintiff, who was about 21 years old, was driving automobile with specific permission of his father but without a driver's license (Ill. Rev. Stat. 1947, ch. 95 1/2, par. 34a; Jones Ill. Stats. Ann. 85.034(1)).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. EUGENE HOLLAND, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the February term, 1949.
Pretzel Stouffer, for appellant;
Charles D. Snewind, of counsel;
James Maher, for appellee.
Not to be published in full. Opinion filed June 29, 1949; released for publication July 18, 1949.