Safeco Insurance Companies v. Diaz

OPINION

SEDGWICK, Judge.

Appellant Marie Ortega was struck by an automobile driven by defendant Joseph Diaz and owned by respondent David Diaz. Ortega commenced a personal injury action against both Joseph and David Diaz. At the time of the accident, Joseph Diaz was insured by respondent Safeco Insurance Companies (Safeco). Safeco brought this declaratory judgment action contending it did not have to afford coverage. The trial court granted summary judgment in favor of both Safeco and David Diaz and against Ortega. Ortega appeals. We reverse.

FACTS

The factual bases for the trial court’s decision…