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KYLE v. MCCARRON (ET AL. (06/12/63)

June 12, 1963

KYLE
v.
MCCARRON (ET AL., APPELLANT).



Appeal, No. 451, Oct. T., 1962, from judgment of Court of Common Pleas No. 2 of Philadelphia County, March T., 1960, No. 2330, in case of John J. Kyle, Jr. v. Edward McCarron et al. Judgment reversed.

COUNSEL

James J. McEldrew, with him Elston C. Cole, for appellant.

Frank Bielitsky, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 201 Pa. Super. Page 404]

OPINION BY WOODSIDE, J.

This is an appeal from the entry of judgment against a garnishee. The plaintiff, John J. Kyle, Jr., obtained a judgment against Edward McCarron for injuries suffered on December 31, 1959, while riding in a motor vehicle owned by McCarron. The plaintiff is attempting to collect the judgment from Harleysville Mutual Insurance Company as garnishee, claiming that it is liable under an operator's liability policy issued to McCarron. The insurance company contends that it is not liable under the policy because its liability did not extend to injuries arising out of the operation of any motor vehicle owned by McCarron.

[ 201 Pa. Super. Page 405]

McCarron, although under 25 years of age, has accumulated a bad record on the highways. He was convicted of operating a motor vehicle while under the influence of intoxicating liquor and his operator's license was revoked for one year. Then he was convicted of operating a motor vehicle during the period of revocation, and he was denied a license for another year. With this record he could not obtain an operator's license without proof of financial responsibility. After obtaining the liability policy here involved, he qualified for and received a restricted license which forbid his operating a motor vehicle of his own. Continuing his disrespect of the law, he illegally operated a vehicle of his own, had an accident, and injured his passenger. The passenger then sued him and obtained judgment against him by default, after which judgment was obtained against the garnishee. The garnishee took this appeal.

To determine the principles upon which this case must turn, it is necessary to examine the Motor Vehicle Safety Responsibility Provisions of The Vehicle Code of April 29, 1959, P.L. 58, 256, 75 P.S. § 1401 et seq., and to understand the relationship of casualty insurance to these provisions.

Section 1417(a) of The Vehicle Code, supra, 75 P.S. § 1417(a), provides that whenever the Secretary of Revenue suspends or revokes the license of an operator upon receiving notice of a conviction, he shall also suspend the registration of all motor vehicles registered in the name of such person until proof of financial responsibility with respect to such vehicles is given. Subsection (b) then provides that after the revocation of an operator's license and registration of any vehicle, "Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed, nor shall any license be thereafter issued to such person, nor shall any motor vehicle be thereafter

[ 201 Pa. Super. Page 406]

    registered in the name of such person until permitted under the provisions of this act pertinent thereto and not then, unless and until he shall give and thereafter maintain proof of financial responsibility."

Proof of financial responsibility may be furnished by filing a bond, a certificate of deposit or "A certificate of insurance as provided in section 1419 or section 1420". See § 1418 of The Vehicle Code, supra, 75 P.S. § 1418. McCarron qualified ...


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