Hardware Mutual Casualty Co. v. Home Indemnity Co.

In this action for declaratory relief we are called upon to determine whether defendant Frederick Bowens was an additional insured under the automobile policy issued by plaintiff to Bowens ’ aunt and uncle. As will appear we have concluded that he was and that the judgment of the trial court declaring plaintiff’s obligations to Bowens under said policy should be affirmed.

The background facts are not in dispute. On June 25, 1961, Bowens, while driving a 1940 Chevrolet owned by his cousin Lonnie Madden, was involved in a collision in Berkeley with an automobile driven by Thomas Gee in which Marian Gee was riding. As a result of the collision, the Gees were injured.

At the time of the above accident there was in effect a family automobile policy issued by plaintiff Hardware Mutual Casualty Company (Hardware) on which Cornelius Jones and Carrie Etta Jones, his wife, were the named insureds. Carrie Etta was Bowens’ aunt. In pertinent part this policy provided in Part 1 thereof that among the persons insured were: “ (b) With respect to a non-owned automobile, ... (2) any relative, but only with respect to a private passenger automobile or trailer, provided the actual use thereof is…