Weatherford

Weatherford v. Northwestern Mutual Insurance

Good Law
1966 Cal. App. LEXIS 1796·239 Cal. App. 2d 567·49 Cal. Rptr. 22
Court of Appeal of CaliforniaJanuary 25, 1966Civ. 29074California1,438 words

Opinion

Opinion

Fox, J.

This is an action for declaratory relief under a policy of public liability insurance. Plaintiff sues individually and as executrix of her deceased husband’s estate.

The agreed facts are as follows:

Bert Smith Van Lines, Inc., a corporation, hereafter referred to as the Van Co., was the owner of a certain 1962 Chevrolet 2-ton truck. William E. Weatherford and Lillian Weatherford were husband and wife, and were officers of said corporation.

On April 2, 1962, respondent company issued its policy of public liability insurance on -said Chevrolet truck, insuring as named insureds the Van Co. and William and Lillian Weatherford: The effective date of this policy was May 1 1962. It ran for a period of one year and provided uninsured motorists coverage.

By written request dated April 27, 1962, signed by Mr. Weatherford, one of the named insureds, Northwestern was authorized to “. . . delete uninsured motorists coverage from my above policy. ’ ’- This letter was entirely • typewritten except for the two signatures, “Wm. E. Weatherford” and “Lillian Weatherford”, and both of these signatures were in the handwriting of Mr. Weatherford. Mrs. Weatherford did not authorize her husband or…

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