Contreras
National Automobile & Casualty Insurance v. Contreras
Opinion
Opinion
Blease, J.
This is an appeal from a judgment declaring that a policy of automobile insurance, issued by plaintiff National Automobile and Casualty Insurance Company (National), covers the use of a borrowed pickup truck driven by defendant, Jamie Contreras (Contreras), a relative of the named insured. At issue is whether the truck is a “private passenger automobile,” as that phrase is used in the provisions of the policy applying to nonowned automobiles. We conclude that it is not. We shall reverse the judgment.
Facts
The facts are simple and not in dispute. In January 1982, National issued an automobile liability policy to Evelyn Souza, the named insured, listing a 1976 Mercury automobile as an “owned automobile.” The defendant, Jamie Contreras, is Souza’s daughter and resides with her and is therefore a “relative” as used in the policy.
On March 21, 1982, Contreras was driving a 1979 Chevrolet Luv pickup truck, owned by Michael Sullivan, when she struck a telephone pole. Contreras’s passenger, Deborah Ann Carpenter, was injured and brought suit against her. Contreras tendered the defense to National which accepted under a reservation of rights.