Berges
Home Acc. Ins. v. Berges
Opinion
Lead Opinion
Rudkin, J.
Luigi Corvi, minor son of Pietro Corvi, died from injuries received in a collision between a street ear operated by the Sacramento Northern Railway and an automobile driven by one Edward Guastalli, in which young Corvi was riding as a guest. Thereafter an action was brought in the state court by the father against the railway company and the driver of the automobile to recover damages for the death of his minor son by the wrongful act and neglect of the two defendants. In that action, the father recovered judgment against both defendants in the sum of $4,200, with interest and costs of suit. An execution issued against the property of Guastalli has been returned unsatisfied. At the time of the accident, which resulted in the death of young Corvi, Guastalli, the driver of the automobile, carried a policy of insurance in the Home Accident Insurance Company, wherein that company agreed to indemnify the assured against loss or expense arising or resulting from claims upon the assured for damages on account of' bodily injuries, including death, at any time resulting therefrom, whether instantaneous or not, accidentally suffered or alleged to have been suffered by any person or persons…