Jenkins v. Indemnity Ins. Co‪.‬

On August 14, 1958, the plaintiff, while operating his automobile in Manchester, Connecticut, collided with several concrete abutments. The collision caused injuries to his wife, Patricia, a passenger in the car. The defendant insurance company, a Pennsylvania corporation, had issued the plaintiff a policy which was in full force and effect at the time of the accident and which insured him against liability for bodily injuries ""sustained by any person . . . arising out of the ownership, maintenance or use"" of the plaintiff's automobile. The policy was issued in New York. The defendant denied liability under the policy, and refused to defend any action brought by the wife, on the ground that the wife's claim was an interspousal claim against her husband and, as such, was excluded from coverage by 167(3) of the New York Insurance Law. That section provides that a spouse's injuries are not within the coverage of an automobile liability insurance policy ""unless express provision relating specifically thereto is included in the policy"".