Torrez V. State Farm Mutual Automobile Insurance Co‪.‬

The uncontroverted facts before the trial court are as follows. Prior to 1975, Mr. and Mrs. DeBreceny's 1966 Rambler was insured by appellee. In February 1975, their son, Brian, was added to the policy as principal driver of the Rambler. In May 1975, an agent of appellee discovered that Brian had been convicted and fined for driving while intoxicated. As a result, the agent notified Mr. and Mrs. DeBreceny in writing of appellee's intention to cancel their policy covering the Rambler as well as two other automobile policies in effect unless they agreed to a Driver Exclusion Endorsement absolving appellee of liability for Brian's driving. Mr. DeBreceny accepted the exclusion endorsement by signing a Policy Change Agreement on May 27, 1975.*fn1 Seven months later, on January 3, 1976, Brian was driving the Rambler when he was involved in an accident in which appellants were injured.