State Farm Mutual Automobile Insurance v. Allstate Insurance

Opinion

FRIEDMAN, Acting P. J .

This is an appeal from a declaratory judgment determining the obligations of five insurance companies for the payment of personal injury judgments against Dean Wiemken. Another phase of the appeal involves an award of damages for breach of an insurer’s obligation to defend.

In December 1965 Wiemken was the operator of a Christmas tree lot in Fremont, Alameda County. Wiemken’s employee, Rose, was driving Wiemken’s 1955, one and one-half ton Dodge truck in Shasta County and collided with an automobile, injuring the latter’s two occupants, Alsbury and Faucett. The…