Ramirez
Middlesex Mutual Insurance v. Ramirez
Opinion
Lead Opinion
Stephens, J.
— On August 7, 1973, Shawn Emory rented a 1972 Chevrolet Impala from Holiday Car Leasing Corporation (hereinafter Holiday Car Leasing). On August 16, 1973, while driving the Impala, Emory struck and injured appellant Ignacio Ramirez. At the time of the accident, Holiday Car Leasing was a named insured on two insurance policies issued by respondent Middlesex Mutual Insurance Company (hereinafter, Middlesex). The action underlying this appeal was one for declaratory relief: Middlesex, the plaintiff in that action, sought a determination of its obligation under the policies with regard to the personal injury action filed by appellant.
Holiday Car Leasing and Holiday Motors, Inc., (hereinafter Holiday Motors) were separate entities located at the same address. Holiday Car Leasing leased automobiles for periods in excess of six months; Holiday Motors operated an automobile sales agency and garage. Holiday Car Leasing did not engage in garage operations. At the time of the accident Middlesex had issued two policies which are pertinent *736 here, one a “Multi-Cover” policy and the other a “Commercial Umbrella” policy. In both policies, the named insureds were Holiday Motors…