Farmers Insurance v. Super. Ct.

INTRODUCTION

Farmers Insurance Exchange (Farmers) petitions this court for a writ of mandate directing the trial court to set aside its order denying Farmers‟ motion for summary adjudication. Farmers brought this action for declaratory relief and sought summary adjudication on the ground there was no potential for coverage under the homeowners insurance policy it issued to its insureds, real parties in interest Jose Luis Cervantes Bautista and Sara Bautista. We agree with Farmers and grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

Farmers issued a homeowners insurance policy for a house in Pomona to Jose Bautista and Lourdes M. Sanchez. Sara Bautista, Jose‟s wife, was an additional insured under the policy. The policy provided personal liability coverage in the amount of $300,000 per occurrence under Coverage E, which states: “We pay those damages which an insured becomes legally obligated to pay because of bodily injury . . . resulting from an occurrence to which this coverage applies.” (Bold omitted.) The policy excludes from Coverage E bodily injury that “7. results from the ownership, maintenance, use, loading or unloading of . . . b. motor vehicles . . . .” (Bold…