U-Haul Company of Southern California, Inc. v. State Farm Mutual Automobile Insurance

This action in fact is a dispute between two insurers as to which must bear the loss sustained in a single accident. The named plaintiff is insured by Continental Casualty Company, which brought the action in the name of its insured.

One Datis Malone owned a two-door Toyota sedan, which defendant State Farm insured against public liability and property damage. Malone’s policy also covered him while using certain nonowned automobiles.

In the course of its normal truck rental business, U-Haul rented to Dolores Jackson a Ford truck 16 feet long and having 6 wheels. The truck was a commercial vehicle within the code definition (Veh. Code, § 260).

Ms. Jackson used the truck to transport her household furniture from Los Angeles to Fairfield. At her request, Malone drove the loaded truck for her, without compensation and solely as a matter of friendship. As the truck driven by Malone neared the end of the journey, it collided with the automobile of O’Hara. The O’Haras filed action for damages for bodily injury and property damage against U-Haul, Malone, and others who were not connected with ownership or operation of the truck. The O’Haras’ action as against U-Haul and Malone…