Cal-Farm Insurance v. Fireman's Fund Insurance

This case involves the interpretation of liability insurance policies to determine the coverage afforded by them. The facts are stipulated and can be stated briefly.

Klink Citrus Association (hereinafter “Klink”) owned a 1943 Burma jeep which had been converted into an agricultural chemical spray rig. It was not licensed, was used for spraying citrus groves, and was not operated on public roads for any purpose other than going to. and coming from the groves and the repair shop.

On May 24, 1968, Steven D. Baker was driving the spray rig in the course of his employment for Klink on a public road, returning to the, Klink plant from a spray job. ’George Burkett, a fellow employee of Baker, who was riding on the jeep in the course of his employment for Klink, fell under the wheels of the vehicle, sustaining injuries which resulted in his death.

On December 27, 1968, the heirs of Burkett filed a wrongful death suit against Baker, William Jessup, Everett Standridge and Ted C. Bielefeldt, all employees of Klink, alleging Burkett’s death was proximately caused by the reckless disregard for the safety of the decedent in the operation of the jeep (see Lab. Code, § 3601, subd. (a)…