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Selected Risks Insurance Co. v. Miller

Decided: December 7, 1961.

SELECTED RISKS INSURANCE CO.
v.
MILLER, ETC. ET AL.



Appeal from the Circuit Court for Prince George's County; Parker, J.

Brune, C. J., and Henderson, Prescott, Horney and Marbury, JJ. Prescott, J. delivered the opinion of the Court.

Prescott

The only issue herein involved is one of insurance coverage. The case was tried below upon a stipulation of facts that may be summarized as follows:

On June 20, 1959, Herbert Eads purchased an automobile from an automobile dealer in Mt. Rainier, Maryland. Since he was unemployed, he arranged to have the automobile titled in the sole name of his wife, Peggy Louise Eads, in order to obtain financing from an automobile loan company.

On September 17, 1959, the wife, individually as the named insured, purchased through a sales agent of the appellant a combination family automobile policy and paid $56.08 for one year's coverage. The policy included liability coverage against bodily injury and property damage claims, and provided in pertinent part:

"PERSONS INSURED:

The following are insured under Part I:

(a) With respect to the owned automobile,

(1) the named insured and any resident of the same household,

(2) any other person using such automobile, provided the actual use thereof is with the permission of the named insured;

(b) With respect to a non-owned automobile,

(1) the named insured,


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