Western Indemnity Co. v. Industrial Accident Commission

Certiorari to review proceedings and an award made by the Industrial Accident Commission.

The applicants before the commission were the father and mother of Byron J. Millard, who was accidentally killed while operating an automobile belonging to P. R. Kennedy. Kennedy was conducting at Long Beach, in the county of Los Angeles, an electrical business. The business was, at the time material here, being directly managed by the son of Kennedy. When he met with the accident which caused his death, young Millard was engaged in conveying to her home a friend of the Kennedy’s from a point in the city of Long Beach. He was performing this service at the direction of the younger Kennedy. Petitioner here was the insurance carrier which had agreed by its contract to respond to any damage which might accrue on account of injuries or death resulting therefrom suffered by any employee of the assured “in and during the course of and arising out of the operation of . the trade, business or work described.” In the schedule of statements which formed a part of the contract of insurance the business so covered was described as “Electrical Store—retail or combined wholesale and retail; Electrical…