Herzog v. National American Insurance

Opinion

SULLIVAN, J.

Plaintiffs, the heirs at law of Kenneth Herzog, appeal from a judgment declaring that a certain homeowner’s insurance policy issued by defendant National American Insurance Company to the father of Gerald Mason, the tortfeasor, did not cover their claim for wrongful death caused by young Mason’s negligent operation of a motor vehicle.

On September 24, 1965, Gerald Mason, operating a motor bike which he had borrowed from a friend, collided with a car driven by Kenneth Herzog on the Anaheim Boulevard overpass of the Santa Ana Freeway. Both operators were killed.

On the date in…