Goldmann, Freund and Haneman. The opinion of the court was delivered by Freund, J.A.D.
[57 NJSuper Page 387] This is an action by Gertrude Kulp Baesler, individually and as guardian ad litem of Bernard Kulp, to recover from defendant, Globe Indemnity Co., the sum of $3,137.75. This amount represents the damages
plaintiffs previously recovered against Robert Tureckie, the driver of an automobile in which Kulp was a passenger. Defendant disclaimed insurance coverage on the ground that Tureckie was not an insured person within the terms of the policy. On cross-motions for summary judgment, the Law Division granted defendant's motion. Plaintiffs appeal.
The facts are not in dispute and have been stipulated by the parties. On August 9, 1957 John Ranaletti, the named insured, purchased the insured automobile. He immediately turned the vehicle over to George Rogers, his nephew, for his exclusive use. Rogers, then under 21 years of age, was a member of the named insured's household. When the vehicle was turned over to Rogers, he was expressly prohibited by the named insured from permitting others to use it.
When the automobile was involved in the accident on February 2, 1958, it was being driven by Robert Tureckie with the express consent and permission of Rogers. Rogers loaned the vehicle to Tureckie with knowledge that Tureckie would use it for the purpose of a social engagement. Rogers also knew that Tureckie was to be accompanied by Bernard Kulp, the plaintiff. Significantly, Rogers was not a passenger in the vehicle when it was being operated by Tureckie. The use of the vehicle by Tureckie was of no advantage or benefit to either Rogers or the named insured except insofar as this use served Rogers' pleasure.
On March 21, 1957 Globe Indemnity Co. had issued its policy to John J. Ranaletti, insuring the vehicle in question for a period of one year. The policy was in effect on February 2, 1958, the date of the accident. The policy stated that the named insured was John J. Ranaletti, and under the terms of the policy the Globe Indemnity Co. agreed
"To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of: A. bodily injury, etc. B. injury to or destruction of property etc., arising out of the ownership, maintenance or use of the owned automobile * * *."
The policy provided further:
The following are insured under Part 1:
(a) With respect to the owned automobile,
(1) the named insured and any resident of the ...