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SABINO ET AL. v. JUNIO (01/07/71)

decided: January 7, 1971.

SABINO ET AL., APPELLANTS,
v.
JUNIO



Appeal from judgment of Court of Common Pleas, Civil Division, of Allegheny County, Oct. T., 1964, No. 224, Oct. T., 1967, No. 25, and Jan. T., 1969, No. 50, in case of Frank Sabino, Jr. et al. v. Junio et al.

COUNSEL

Edward A. Mihalik, with him Thomas F. Weis, Charles Kirshner, and Weis & Weis, and Rosenberg & Kirshner, for appellants.

George I. Buckler, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Cohen took no part in the decision of this case.

Author: O'brien

[ 441 Pa. Page 223]

The appellants obtained judgments against Ronald Junio on causes of action stemming from an auto accident. To collect on their judgments, appellants instituted execution proceedings in which they named appellees Hertz Corporation and Royal Indemnity Company as garnishees because Hertz owned the Junio-operated automobile and Royal Indemnity provided the pertinent rent-a-car liability insurance. During the course of the execution proceedings, depositions taken revealed the following:

Ronald Junio, a minor, nineteen years of age, on July 5, 1964, went with his father, Walter Junio, and a friend of the father, Robert Diggins, to Teaman's

[ 441 Pa. Page 224]

Service Station on Ardmore Boulevard in Forest Hills Borough, Allegheny County. The station was a Hertz franchised representative. An employee of Teaman's, one Charles Lucas, rented a Hertz auto, per the rental agreement, to Robert Diggins, who signed the rental agreement or invoice as the "Renter" or "Customer." Ronald Junio; his father, Walter Junio; and Robert Diggins all knew that Ronald Junio would not be permitted to sign the rental agreement. Ronald Junio, Walter Junio and Robert Diggins all testified that the Hertz representative would not permit Ronald to sign the rental agreement because he was a minor; and they further testified that he would not permit the father, Walter Junio, to sign the rental agreement because he did not have an operator's license.

The appellees moved for summary judgments under Rule 1035. After hearing oral argument and considering the record consisting of pleadings, interrogatories and answers to interrogatories, depositions, insurance contract and rental agreement, the court granted motions for summary judgments in favor of both garnishees. This appeal followed.

Appellants argue that if the testimony contained in the depositions is considered in a light most favorable to the appellants, the record shows that when Charles Lucas leased the vehicle to Diggins, he knew that Ronald Junio, then a minor, would be the true "lessee" or "customer" or "renter" or "user" despite the fact that Diggins signed the lease "for him" and the rental was paid by his father, Walter Junio.

This makes no difference. The language of the insurance policy is clear and without ambiguity. It sets forth explicitly that the policy does not cover any person other than the "Renter who signed the Rental Agreement." It is conceded that Diggins ...


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