Stratton
Farmers Insurance Exchange v. Stratton
Opinion
Opinion
Nomoto, J.
The Case
This is an appeal from a declaratory judgment in favor of defendants Michelle, Brian and Jode Stratton (hereinafter Strattons) and Ronald and Terry Trotter (hereinafter Trotters), determining that plaintiff, Farmers Insurance Exchange, owed an obligation to either defend or indemnify defendants, Gerald Apoian and Executive Car Leasing, with respect to the claimed wrongful death of the named insured.
The Facts
The facts as stipulated to by the parties state that Farmers Insurance issued a policy of insurance to Louise Stratton and Executive Car Leasing effective October 21, 1978, on a BMW leased from Executive Car Leasing to Bell Sound Systems, Inc. which furnished it to Stratton for her use. The policy was in full force and effect on January 19, 1979, when Louise Stratton was killed while a passenger in the BMW. The BMW was being driven by defendant Gerald Apoian, with the permission of Louise Stratton. On December 14, 1979, Louise Stratton’s minor children (Michelle and Jode) filed an action for her wrongful death through their guardians, Brian E. Stratton and the Trotters.
The trial court held that the policy did not exclude any wrongful death claims of…