Tilley
Tilley v. Truck Insurance Exchange
Opinion
Opinion
Kingsley, J.
Plaintiff appeals from a summary judgment in favor of defendant; we affirm the judgment.
The facts are not in dispute. Plaintiff was injured in an automobile accident involving his car and a vehicle driven by William Sadler. Sadler was a customer of Antelope Auto Body, a copartnership engaged in the repair of automotive vehicles. He was driving a “loaner” furnished to him by Antelope. Plaintiff brought suit against Sadler and Antelope, resulting in a settlement giving plaintiff judgment against Sadler for $75,000; Antelope was dismissed. Sadler’s insurance carrier has paid $25,000 of that judgment, being the policy limits of Sadler’s policy. Antelope has a policy of insurance with defendant and plaintiff, as assignee of Sadler, contends that defendant is liable for the remaining $50,000 of the judgment.
It is conceded that, since Sadler was a permissive user of Antelope’s vehicle, defendant is liable under the general coverage provisions of its policy, unless it may rely on an indorsement of its policy relating to “garage customers.” It is also conceded that the indorsement is lawful under subdivision (d) of section 11580.1 of the Insurance Code, that Sadler was a…