Somerville

This is an appeal from a summary judgment in favor of the respondent, Providence Wash ington Indemnity Company. Appellants, James and Jessie Somerville, filed their complaint for personal injuries sustained by them and their minor children on July 13, 1957, when the Somervilles were involved in an accident with a 1951 Ford sedan driven by one Victor Williams. The complaint alleged that at the time of the accident, defendant, James J. Kincaid, was the owner of the 1951 Ford which was operated with his consent by Williams and that prior to the time of the accident, respondent had issued and delivered to Kincaid a written policy of liability insurance which covered the 1951 Ford and was in full force and effect.

The complaint further alleged that Victor Williams died intestate as a result of the injuries suffered in the accident and thereafter, Robert Coward was duly appointed as administrator of his estate. After the administrator rejected appellants’ claims as creditors of the estate, appellants filed action No. 473491 in San Francisco against Williams and Kincaid. On May 22, 1959, a judgment was duly entered in favor of the appellants and against Williams’ administrator in action…