Is a policy of insurance that does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured a violation of the public policy of this state?

California, United States of America


The following excerpt is from Financial Indem. Co. v. Hertz Corp., 226 Cal.App.2d 689, 38 Cal.Rptr. 249 (Cal. App. 1964):

Similarly, the rule first enunciated in Wildman v. Government Employees' Ins. Co., 48 Cal.2d 31, 39, 307 P.2d 359, 364, has been consistently repeated and followed in subsequent appellate decisions: 'We are of the opinion that for an insurer to issue a policy of insurance which does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured is a violation of the public policy of this state as set forth in sections 402 [present section 17150] and 415 [present section 16451] of the Vehicle Code.'

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