Cleve A. Orth and Anna Mae Orth v. Universal Underwriters Insurance Company, a Corporation

This is an action on an automobile dealer’s comprehensive liability insurance policy brought by persons who had obtained a personal injury judgment against the dealer’s prospective purchaser. A summary judgment was entered for defendant insurance company, and plaintiffs appeal. It is their contention that the trial court erred in holding as a matter of law that the prospective purchaser was not covered by the dealer’s policy of insurance.

The relevant facts may be briefly stated. On February 3, 1956, Henry M. Aronson went to the place of business of West Seattle Motors in Seattle with the purpose of inspecting or purchasing an automobile. The dealer permitted Aron-son to take a test drive in one of the automobiles it was offering for sale. While Aronson was driving this car it collided with an automobile driven by Anna Mae Orth.

Mrs. Orth and Cleve A. Orth, her husband, brought suit against Aronson in the Superior Court of the State of Washington for King County to recover damages resulting from the collision. They obtained judgment in the sum of $28,500. The Orths then instituted the present suit against Universal Underwriters Insurance Company to recover the amount of the…