Preferred Insurance Exchange v. William W. Coshow

In this malpractice suit by Preferred Insurance Exchange (Preferred), against attorney William W. Coshow, tried without a jury, plaintiff obtained a judgment in the sum of $30,485.87. Coshow appeals.

The background facts are as follows: William H. Joy drove his automobile into a service station in Redding, California, operated by A1 Martell. Augusta F. McBroom was a passenger in Joy’s car. While James Newell, Martell’s employee at the service station, was filling the gasoline tank of Joy’s car, a fire or explosion occurred. Joy suffered burns from which he died. His passenger sustained nonfatal burns.

McBroom and the estate of Joy commenced an action for wrongful death and personal injuries against Martell and Newell in the Shasta County California, Superior Court. Joy was insured by Preferred. Martell was insured by Cal-Farm Insurance Company (Cal-Farm). Martell and Newell asserted that Newell was “using” Joy’s automobile at the time the gas tank was being filled, that Newell was therefore an “additional” insured under the Preferred policy, and that Martell was covered under the doctrine of respondeat superior. Accordingly, they took the position that the liability features of…