Warner

Plaintiff United Services Automobile Association brought an action for declaratory relief, seeking an adjudication that under a policy issued by it to defendant Stacey Robertson the total policy limit applicable to the claims of the defendants Nancy Warner, Alonzo Warner, Dawn Warner, Michael Warner and Mark Warner is the “per person” limit of fifty thousand dollars ($50,000).

The trial court entered judgment in favor of defendants, adjudging that the applicable policy limit is the “per occurrence” limit of one hundred thousand dollars ($100,000). Plaintiff’s appeal followed.

For the reasons discussed below the judgment is reversed.

Statement of Facts

Defendant Nancy Warner was injured in an automobile accident on November 29, 1973. Defendant Stacey Robertson, plaintiff’s insured, was the driver of the other vehicle involved in the accident. As a result of injuries she received in the accident, Nancy Warner has suffered a permanent paralysis of the lower portion of her body. Defendant Alonzo Warner has been married to Nancy Warner since 1958, and defendants, Mark, Michael and Dawn are the minor children of this marriage. These defendants were not present and did not…