Davis

Northwestern National Casualty Co. v. Davis

Good Law
153 Cal. Rptr. 556·1979 Cal. App. LEXIS 1525·90 Cal. App. 3d 782
Court of Appeal of CaliforniaMarch 21, 1979Civ. 53178California631 words

Opinion

Opinion

Kingsley, J.

Defendants appeal from a judgment adverse to them in an action by an insurance company for declaratory relief. We affirm the judgment.

In May of 1974 the insurer issued its policy of liability insurance to Mr. and Mrs. Siemer. In November of that year, their son John, while driving a Chevrolet automobile owned by him and not a described vehicle under the policy, was involved in an accident resulting in the death of three girls, dependents of defendants Davis. John was under the age of 18 and his driver’s license had been issued on an application executed by his father. It is conceded that, because of that fact, the Siemers are liable to the Davises for the death of the girls. The Davises contend that, under its policy to the Siemers, the insurer is obligated to pay any judgment recovered by them in their action against the Siemers.

By the policy, the insurer was liable for any accident resulting from the use of a “nonowned” automobile. The term “nonowned” was defined in the policy as “an automobile not owned or furnished for the regular use of either the named insured or any relative.” “Relative” was defined as “a relative of the named insured who is a resident of the…

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