Young v. Mid-Continent Casualty Co

In Young v. Mid-Continent Casualty Co., 1987 OK 88, 743 P.2d 1084, 1085 (1987), an insured loaned his insured vehicle to his cousin, who was under the age of 25 and who subsequently was involved in an automobile accident. The insurer refused to defend or indemnify the insured, contending that the under-age exclusion was effective and enforceable and it, therefore, extinguished any duty on the part of the insurer to defend or indemnify the insured. Id. The court, however, concluded that since the legislature's "intent was to require a minimum of protection to any party who is not a party to the contract ... the exclusionary clause in question has the effect of limiting the insurer's liability to an innocent victim who was not a party to the contract ... and is violative of the public policy embodied." Id. at 1088. The Young court thus struck down the exclusionary endorsement contained in the insurance policy on the grounds that "the ... clause would have the effect of limiting the liability of the insurer to an innocent victim of the negligent operation of the insured vehicle ... . and provisions of our compulsory liability insurance legislation ... contain no indications of an intent to allow any differentiation as to coverage available to any victim of an insured vehicle's operation or use." Id.