Nichols

Plaintiff appeals from judgment, after jury verdict in favor of defendant.

Questions Presented

1. Does failure by an insurance company to comply with section 16060, Vehicle Code, and section 229 subdivision (b), Title 13, California Administrative Code, by notifying the Department of Motor Vehicles of noncoverage, estop the company from claiming noncoverage, or does it constitute an admission of coverage when none exists ?

2. Should this action be remanded to the trial court to permit plaintiff to prove damages not alleged in her complaint?

Record

August 20, 1958, plaintiff was involved in an accident in which her car collided with one driven by one Patrick Merrigan. Plaintiff obtained a default judgment against him for personal injuries received in the accident. Claiming Merrigan to be an insured under a comprehensive liability policy issued by defendant to Eggers, the employer of Merrigan at the time of the accident, plaintiff instituted this action against defendant. The theory of the complaint is that Merrigan, when the accident occurred, was operating the vehicle in question within the course and scope of his employment and was insured by his employer’s policy. Defendant…