Bohannon

Bohannon v. Aetna Casualty & Surety Co.

Good Law
166 Cal. App. 3d 1172·1985 Cal. App. LEXIS 1905·212 Cal. Rptr. 848
Court of Appeal of CaliforniaApril 17, 1985Civ. 23907California1,754 words

Opinion

Opinion

Puglia, J.

In this action to determine coverage under a liability insurance policy, plaintiff Jewell Bohannon appeals from summary judgment entered in favor of defendant Aetna Casualty and Surety Company (Aetna). Bohannon sought a declaration that Aetna was obligated to defend him in a personal injury action brought by a pedestrian who had been injured when struck by a 1965 Ford Mustang driven by Bohannon’s daughter. The personal injury action sought to establish Bohannon’s liability under theories of ownership, negligent entrustment and negligent maintenance of the Mustang.

The facts underlying this appeal are undisputed. When the accident occurred on November 23, 1982, Bohannon was a named insured under an automobile insurance policy issued by Aetna, but the Mustang was not described therein as a covered vehicle. On June 23, 1981, Bohannon had requested that the Mustang be deleted from the insurance coverage. Sometime prior to March 1982, he gave the vehicle to his daughter for her permanent use. Bohannon endorsed the pink slip and delivered it to his daughter on November 20, 1982, releasing his interest in the vehicle. However, at the time of the accident three days later,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.