Fidelity and Casualty Co. v. Jackson

The primary question here presented is whether, within the meaning of the automobile liability policy issued to Corbett Garfield Jackson by the plaintiff Fidelity and Casualty Company of New York, the mother-in-law of the insured is his "relative". The policy, written on Jacksons Pontiac car, excepts from its liability coverage in Part I all obligation to defend and indemnify him against any claim for damages arising from his operation of an automobile owned by a "relative" residing with him in "the same household". While driving the car of his mother-in-law who lived in the same house as did he and his family, Jackson had an accident giving rise to claims against him. The Company brought this action for a declaratory judgment to the effect that the insured in these circumstances was not protected by the policy.