Trinity Universal Insurance v. National American Insurance

The present action by Trinity Universal Insurance Company against National American Insurance *812 Company and others is for declaratory relief. The principal facts are that plaintiff issued to Miles P. Shook its comprehensive general liability policy covering a Cadillac automobile owned by Shook, which was in force, on August 6, 1958, when Wayne T. Williams, operating the Cadillac, with the consent of Shook, was involved in an accident in which the property of Charles W. Turner was injured. Claims for damages are asserted against Shook.

Shook in good faith had sold and delivered possession of the car to Williams before the accident occurred. The sole factual question at the trial was whether he had done all that was required of him under the Vehicle Code in order to be relieved of liability for the negligence of Williams.

If Shook was the owner of the ear he would be equally responsible with Williams for the negligence of the latter, his liability, however, being limited in amount. (Veh. Code, §§ 17150-17151.) Having in good faith sold and delivered the Cadillac to Williams, Shook could have relieved himself of civil liability for the operation of the car in either of two ways,…