Flynt

Defendants appeal from a summary judgment entered in favor of the plaintiff insurance company in a declaratory relief action.

The facts are not in dispute. They involve an accident in a stolen car.

Plaintiff State Farm Mutual Automobile Insurance Company (State Farm) issued a policy of automobile insurance to Fred Flynt, listing him as the “named insured” and describing his 1964 Mercury automobile as the “owned automobile.” Richard Flynt was Fred Flynt’s 16-year-old stepson who at all times resided with his mother and Fred Flynt. On March 5, 1966, while the policy was in full force and effect, Richard found a 1962 Chevrolet automobile with the keys in the ignition, took it without the permission of its owner, and went joy-riding with defendant Douglas Covert. During the course of the ride, an accident occurred and Covert was injured. He filed a personal injury action against the driver, Richard Flynt, seeking $55,000 in damages. The complaint alleged both negligence and willful misconduct, but did not mention the fact Richard had stolen the automobile and was driving it without the owner’s permission. Defense of the action was tendered to State Farm which investigated…