Giovanna
Giovanna v. Vigilant Insurance
Opinion
Lead Opinion
Scott, J.
Dolores Giovanna appeals from an adverse judgment following a court trial on her complaint for declaratory relief. The issue is whether a policy of insurance issued by respondent Vigilant Insurance Company afforded coverage for the alleged liability of Cari Naumann arising from a fatal single vehicle accident. We affirm the judgment below.
The vehicle involved in the accident at issue was a 1965 Chevrolet owned by Emile Giovanna, appellant’s husband and stepfather of her two natural daughters, Cathy and Cari Naumann. All four individuals lived together in the same household at the time. On July 29, 1978, Cari was driving the Chevrolet when it overturned and caused the death of her sister Cathy. The Chevrolet was insured under a State Farm insurance policy. Appellant was also insured under a personal automobile policy issued by respondent Vigilant. The Vigilant policy described and covered appellant’s 1973 Ford station wagon; it did not describe or cover the 1965 Chevrolet involved in the accident.
The only question before us is whether the trial court erred in holding that the Vigilant policy did not afford coverage for Cari on the claims arising from the fatal…