Northwestern Security Insurance v. Monarch Insurance

ROTH, P. J. This appeal is from a judgment for respondents in an action for declaratory relief. The sole issue presented is whether appellant Albert H. Navarro was driving an automobile owned by respondent Ronald R. Howard with the consent of the owner and is therefore entitled to benefits under Howard’s insurance policy issued by respondent Northwestern Security Insurance Company.

The single question of fact, whether Navarro had permission at the time of the accident, was submitted to a jury. The jury returned a special verdict that Navarro did not have Howard’s permission. This action does not involve the claim of any third party who suffered injury or damage as a result of Navarro’s operation of the auto. We limit our remarks to the factual situation before us.

Navarro and Howard had been close social friends for more than five years prior to October 1963. During the period in which the two were acquainted, Howard owned an automobile. In 1963, he acquired a 1960 Palcon and insured it through Northwestern. Navarro owned a 1958 Impala in 1962, insured with appellant, Monarch Insurance Company.

At no time during the five-year period preceding October 1963, had Howard loaned any automobile to Navarro, nor to any other person to use for pleasure, and only on one prior occasion had Navarro operated Howard’s automobile. Shortly before the 21st Navarro arranged to store Howard’s Falcon [65]for a period beginning October 21, during which time Howard was to be on a television show location in Utah.

On October 21, Navarro drove Howard in the Falcon to the studio from which he was to leave for location. He left Howard and returned with Howard’s car, but instead of parking it in the agreed garage, Navarro left it in a public garage across the street from his apartment. Navarro advised Howard of this change and Howard approved of it.

On October 26, Navarro had Howard’s vehicle washed. He stated that he also intended to get it lubricated and have the oil changed.

On the evening of October 26, Navarro using the Howard car, with Maurice Vigal, a friend of his whom he had invited, went to a club in Topanga Canyon. Upon returning home, the Falcon struck the center divider on the Ventura Freeway, and was subsequently struck by another automobile. Navarro was unable to explain why he drove Howard’s car rather than his own automobile, stating that “. . . I don’t know what ever possessed me to do it. ’ ’