MacKenzie

Carolyn Gaden, individually and on behalf of her two minor children (the Gadens), and Thomas J. and Vicki L. MacKenzie (the MacKenzies) appeal from the judgment in favor of the plaintiff, State Farm Mutual Automobile Insurance Company (State Farm) which (1) declared the limits of the State Farm automobile liability policy issued to the MacKenzies to be in the sum of $10,000; and (2) denied the MacKenzies’ request for attorney’s fees and lost wages. We conclude State Farm performed in accordance with the terms of its policy and its actions do not entitle the MacKenzies to either attorney’s fees or lost wages. Accordingly, we affirm the judgment.

On April 20, 1973, Monty R. Gaden, a passenger in a 1968 Chevrolet automobile owned by Richard W. Low (Low), and driven by Thomas J. MacKenzie (MacKenzie) was killed when the vehicle crashed. An action for damages for the alleged wrongful death was filed by the Gadens which named Low and MacKenzie as defendants. On the date of the accident, both the owner, Low, and the driver, MacKenzie, had automobile insurance with State Farm. The policy issued and delivered to Low in California expressly covered liability for the permissive use…