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MARYLAND CAS. CO. v. MARSHBANK

February 18, 1955

MARYLAND CASUALTY COMPANY
v.
Robert S. MARSHBANK; Robert S. Marshbank, Jr., a minor; Charles N. Hoak, Jr., a minor; Robert H. Stover and Ruth E. Stover, his wife; Mary Beaver, a minor; Wayne Shoemaker; Edward Manning; George E. DeVall and Elizabeth J. DeVall, his wife; John Conn; Robert Washington; Estate of Mary Stover



The opinion of the court was delivered by: FOLLMER

This matter is before the Court on complaint of Maryland Casualty Company requesting a Declaratory Judgment as to whether the policy of insurance written by it covering the Dodge automobile and Robert S. Marshbank as owner thereof covers Charles N. Hoak, Jr., who was driving the said automobile on Route 641, Cumberland County, pennsylvania, on May 15, 1954, at the time of a collision with other vehicles.

On the basis of the evidence educed the Court makes the following:

 Findings of Fact

 1. Plaintiff, Maryland Casualty Company, is an insurance corporation organized and existing under the laws of the State of Maryland having its principal place of business in Baltimore, Maryland.

 2. All the defendant including Robert S. Marshbank, Robert S. Marshbank, Jr., Charles N. Hoak, jr., Robert H. Stover and Ruth Stover, his wife, Mary Beaver, a minor, and the Estate of Mary Stover, deceased, are residents of the Commonwealth of Pennsylvania.

 3. Defendant Robert H. Stover, subsequent to the institution of these proceedings, was appointed Administrator of the Estate of Mary Stover his daughter, deceased, by the Orphans' Court of Dauphin County, Pennsylvania, after which appointment he entered an appearance as Administrator and adopted the Answer which he had filed as an individual.

 4. Plaintiff, Maryland Casualty Company, issued its Automobile Liability and Physical Damage Policy 25-778263 effective March 21, 1954 to March 21, 1955 to the defendant, Robert S. Marsbank, 221 S. 19th Street, Harrisburg, Pennsylvania, as the named insured, covering 1951 Dodge sedan automobile Serial No. 31824831 owned by him.

 (The policy of insurance was written in the name of Robert S. Marsbank, who is the identical person herein properly referred to as Robert S. Marshbank or as Robert S. Marshbank, Sr.)

 5. According to the provisions of the said policy as originally issued the insurance afforded coverage to the insured, Robert S. Marsbank, defendant, for: 'A. Bodily Injury Liability, Manual Class 1B -- Limits of Liability $ 10,000.00 each person $ 20,000.00 each accident, Premium $ 19.20' and 'B. Property Damage Liability, Limits of Liability $ 5,000.00 each accident, Premium $ 17.00'.

 6. Rating information sheet attached to the policy carries this definition:

 'Class 1B means -- the automobile is customarily used in the course of driving to or from work and the distance driven is less than 10 road miles one-way, and

 'there is no operator of the automobile under 25 years of age resident in the named insured's household or employed as a chauffeur of the automobile, and

 'use of the automobile is not required by or customarily involved in the occupational duties of any person.'

 7. At the time of the issuance of said policy, the assured and defendant herein, Robert S. Marshbank, and a son, Robert S. Marshbank, Jr., also defendant herein, 17 years of age, who prior to April 10, 1954, became 18 years of age.

 8. Effective April 10, 1954, plaintiff issued to its assured, Robert S. Marsbank, its 'Amendment Of Declarations Endorsement No. 2', whereby, under Section I-h. 'General Amendments' the policy was amended as follows: 'Manual Class to read 2A Coverages A.B.C.' for which an additional premium of $ 18.81 was charged and paid by the assured.

 9. Rating information sheet attached to the policy carries this definition (quoting only the pertinent portion thereof):

 'Class 2A * * * means -- the operators of the automobile are under 25 years and are not owners or principal ...


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