Apps

Plaintiff appeals from an adverse judgment in an action for declaratory relief. We affirm the judgment.

Charter Insurance Agency was an agent of plaintiff Reserve Insurance Company. Defendant Frank Apps (Frank), through Charter, submitted an application for automobile liability insurance to Reserve. While that application was pending, and on April 19, 1972, Mrs. Apps (Lillian) was involved in an accident with a man named Hubbard, resulting in injuries to Hubbard. At that time, she was driving an automobile rented from Budget Rent-A-Car Company, who had a policy of insurance with Carrier Insurance Company that provided $15,000 coverage to its customers. On April 20, 1972, Charter issued a “binder” purporting to afford to Frank converage with Reserve in excess of any other policy. On April 28, 1972, Reserve issued the policy applied for, which stated the policy period as beginning on April 19th.

On this appeal, Reserve contends that its policy did not provide coverage for the accident involving Lillian as driver because she was not, on April 19th, a member of the household of Frank, and it did not intend to provide coverage to her. The trial court found that Lillian was,…