Dana v. Sutton Motor Sales

McCOMB, J.

Plaintiffs appeal from a judgment in favor of defendants in an action for declaratory relief.

Facts:

August 7, 1957, plaintiff Michael G. Dana bought a used automobile from defendants under a conditional sales

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contract.

1

It was a condition of the sale (imposed by defendants) that the automobile be covered by insurance, and the subject of the insurance was accordingly discussed between plaintiff and defendants.

Plaintiff asked that he be provided with “full coverage,” and defendants undertook to provide him with it.

Defendants, however, procured a policy which merely provided collision and comprehensive coverage for the automobile, and which did not provide plaintiff with any public liability or property damage coverage. Defendants failed to give plaintiff the written notice required by section 187 (now section 5604) of the Vehicle Code.

2

About two months after the sale plaintiff’s brother was involved in an accident while driving the automobile with plaintiff’s consent. As a result, several claims for personal injuries and property damage were made against plaintiff. As he did not have the statutory coverage, the Department of Motor Vehicles suspended his license and registration for a period of one year in accordance with the applicable provisions of the Vehicle Code.

While this suspension was in effect plaintiff instituted the present action to recover damages (or to have his rights declared) because of defendants’ failure to give him the notice required by section 187 of the Vehicle Code. The trial court dismissed the action and entered judgment in favor of defendants.

These questions are here presented:

First:

Did the foots set forth above, as alleged in the complaint, state a cause of action against defendants?

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