Legal Opinion
Spencer v. State Farm Mutual Automobile Insurance
California Court of Appeal
Decided July 26, 1957No. Civ. 17266PublishedCited by 9 opinions
1Opinion of the Court
LERNHART, J. pro tem. *
Appeal from judgment sustaining demurrer without leave to amend. The complaint alleged that: in 1952 plaintiff Lawrence J. Spencer was injured in a collision of his car and one driven by John H. Fortney. Action was commenced against John H. Fortney as operator and his wife, Eleanor Fortney, as owner. Mr. Fortney was not served with summons. The action resulted in judgment against Mrs. Fortney for $5,000, the maximum recoverable upon her liability as owner only. That judgment was paid in full. The insurer defendant in the present ease defended Mrs. Fortney in the…
2Cases cited2 opinions
- Van Derhoof v. ChambonCalifornia Court of Appeal · 1932
- Chamberlin v. City of Los AngelesCalifornia Court of Appeal · 1949
3Cited by9 opinions
- Century Surety Co. v. PolissoCalifornia Court of Appeal · 2006
- Zahn v. Canadian Indemnity Co.California Court of Appeal · 1976
- Roberts v. Home Insurance IndemnityCalifornia Court of Appeal · 1975
- Mel H. Binning, Inc. v. Safeco Ins. Co. of Am.California Court of Appeal · 1977
- Avila v. Travelers Ins. CompaniesDistrict Court, C.D. California · 1979
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