Conford, Collester and Kolovsky. The opinion of the court was delivered by Kolovsky, J.A.D.
The infant plaintiff (Kish), while a passenger in an Oldsmobile automobile owned by her and being driven with her permission by defendant Harding, was injured when the automobile collided with that of defendants Gordon.
Defendant Motor Club of America Insurance Company (Motor Club) had theretofore issued a binder for an automobile liability insurance policy describing the Kish ("the owned") automobile and designating Kish as the named insured. Under Coverage "A" of the policy, Motor Club agrees
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, sickness or disease, including death resulting therefrom, hereinafter called "bodily injury", sustained by any person;
arising out of the ownership, maintenance or use of the owned automobile * * *.
The policy defines "insured" to mean "a person or organization described under 'Persons Insured.'" The "Persons Insured" provision of the policy reads in pertinent part as follows:
The following are insureds under Part 1:
a. with respect to the owned automobile,
(1) the named insured and any resident of the same household,
(2) any other person using such automobile with the permission of the named insured * * *.
The only other provision of the policy pertinent to the issue here presented is the following appearing among its exclusionary clauses:
This policy does not apply * * * (K) under Coverage A, to death of or injuries to the named insured, or any insured, or the spouse or minor children of the named insured or any insured, whether related by blood or adoption, unless the policy is specifically endorsed to cover the same.
The infant plaintiff and her mother instituted a negligence action against Harding and the Gordons to recover for the injuries sustained by the infant in the collision. Motor Club, relying on exclusion (K) quoted above, denied that any insurance coverage was due Harding with respect to the claim of Kish, the "named insured." It filed an answer in ...