Musselman v. Mutual Auto. Ins. Co. Town

Action by plaintiff Emmet H. Musselman against defendant Mutual Automobile Insurance Company of the Town of Herman for damages arising out of personal injuries sustained in an accident which occurred while plaintiff was riding as a passenger in his own automobile, driven by one George T. Dehnel. Defendant company had issued a public liability insurance policy upon the car to the plaintiff. Defendant answered alleging that by reason of the exclusion clause contained in the policy bodily injury coverage is not extended to the named insured, and moved for summary judgment. The motion was granted and from the judgment dismissing the complaint and granting costs and disbursements to defendant, plaintiff appeals. Among other things, the policy contains the following provisions: