Curtis v. State Farm Mutual Automobile Insurance Company

591 F.2d 572 (10th Cir. 1979)

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Nature of the Case

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Facts

The Ahrens family had three cars an Oldsmobile, a Volkswagen owned by Mr. and Mrs. Ahrens, and a pickup. The older Ahrens girls, Beth and Shawnna, mainly used the Oldsmobile and Volkswagen, and Mr. Ahrens used the pickup to drive to work. Deborah Ahrens, the 14-year-old daughter of Robert and JoAnn, made arrangements with her friend Helen Curtis and with Brian Tottenhoff and Joseph Wallace to meet at the local ballpark between 1:00 and 2:00 a. m. to shoot off some fireworks. Helen was spending the night of July 4 with Deborah at her home. Sometime between 1:30 and 2:00 a. m., Deborah and Helen left the Ahrens home after Deborah's parents had gone to bed and proceeded to drive the family Volkswagen to the chosen meeting place. Deborah was not licensed to drive. She had taken the car keys without her parents' knowledge. On their way out of the Ahrens' neighborhood, the girls encountered Deborah's older sister, Beth, driving home in the family Oldsmobile. The two sisters stopped and talked for five or ten minutes, but Deborah's use of the Volkswagen was never discussed. Deborah had also told Shawnna what they were going to do that night; Shawnna knew the girls were going out and made no comment either to forbid or consent to their going. However, Deborah did not tell Beth or Shawnna that she and Helen were going to pick up the boys. Deborah and Helen picked up the boys and went to shoot off the fireworks. When they started home around 3:30 a.m. Joe Wallace asked if he could drive, and Deborah agreed. Wallace was unlicensed. The accident occurred about five minutes after Wallace took the wheel: 'He was going too fast, and he went airbound with the car, and it went over on to the embankment.' Helen Curtis suffered extensive injuries in the accident, and her father, P, incurred about $15,000 in medical expenses for her treatment. D disclaimed coverage as to Wallace. P brought this suit on her behalf for a determination that defendant D was obligated to defend and indemnify Wallace under the company's policy issued to Mr. and Mrs. Ahrens. P got the verdict and D appealed.