Spearman

Introduction

Plaintiff Grover Spearman, Sr., (Spearman, Sr.) appeals from a judgment of dismissal of his complaint in favor of defendant State Farm Fire & Casualty Company (State Farm) following a ruling by the Los Angeles County Superior Court (Hon. Warren Deering, judge presiding) sustaining defendant State Farm’s demurrer to plaintiff Spearman, Sr.’s complaint without leave to amend. We affirm.

The Complaint

Plaintiff Spearman, Sr.’s complaint sets forth two causes of action; the first based on the theory of negligence and the second for intentional infliction of emotional distress.

First Cause of Action: Negligence: The material allegations of the first cause of action are as follows:

State Farm issued a policy of automobile liability insurance to Grover Spearman, Jr., (Spearman, Jr.), providing that State Farm would defend and indemnify him against claims for damages arising out of his negligence, a policy which was in full force and effect on July 16, 1983; that on or about July 16, 1983, while Spearman, Jr., was operating a motor vehicle with his brother, Nash Spearman, as a passenger, he (Spearman, Jr.) negligently operated his vehicle causing an accident…