Safeco Insurance of America v. Hartford Fire Insurance

Declaratory judgment determined that the policies of plaintiff and defendant both afforded primary coverage and thus should share pro-rata the bodily injury liability arising from an automobile collision. Defendant-cross-complainant appeals, urging that plaintiff’s coverage is primary, and its own but excess.

Eureka Valley Cooperative is an unincorporated association. It is a water and soil conservation group, whose members are owners of lands in Inyo County. On February 12, 1961, members of the group met in that county with Mr. Kelsey, who was not a member but was acting as manager. In connection with activities of the cooperative, Mr. Roberts, a member, was driving Kelsey to Bishop in Kelsey’s car. They collided with an automobile occupied by Mr. and Mrs. Lunde, who sued Roberts, Kelsey and the cooperative for damages. Kelsey’s car was uninsured. Roberts’ own ear was insured by plaintiff, and the policy also covered Roberts while driving an automobile he did not own. Defendant had insured Eureka Valley Cooperative against liability for bodily injuries inflicted in operation of automobiles.

Plaintiff Safeco concedes that its policy covers this accident. Since the car driven by…