Bohrn

Appeal is taken from a declara tory judgment entered in favor of plaintiffs and against two insurance companies. Woodrow W. Bohrn and Billy A. Bohrn, his son, as plaintiffs, instituted the action against State Farm Mutual Automobile Insurance Company (hereinafter referred to as “State Farm”), as defendant. State Farm answered, and by way of cross-complaint brought in Farmers Insurance Exchange (hereinafter referred to as “Farmers ’ ’) and one Lorn A. Booth as cross-defendants.

On January 1, 1961, Billy, while driving his father’s 1955 Dodge automobile, struck and injured Booth, a pedestrian. Billy’s father, Woodrow, had a policy with State Farm which provided insurance coverage of $10,000 for bodily injury to one person, and $20,000 for one accident. Woodrow’s policy contained the following exclusionary endorsement:

Billy, at the time of the accident in question, was the owner of his own car, which however was not then in an operable condition. Farmers had issued its policy to Billy, as *500 an assigned risk, with the same limits of $10,000 for one person and $20,000 for one accident.

Action was brought by Booth to recover for his injuries against both Billy and Woodrow Bohrn.…