Coburn

The issue in this case is whether, under an exclusionary clause relating to motor vehicle use and loading, a homeowner’s policy of insurance issued by National American Insurance Company of California (National) to Richard C. Usher excludes coverage for a tragic accident in which two-and-one-half-year-old Graham Coburn was killed. The accident occurred when a child entered the open van Usher had parked in his driveway without setting its parking brake and the child released the transmission lever from the “park” position, putting the van in motion. At the time, Usher was inside his residence picking up clothing and personal belongings after loading the van with camping equipment for a camping trip. About five minutes before the accident, Usher had left the van with its sliding side door open.

Kevin and Holly Cobum (Coburn), the parents of Graham Coburn, sued Usher and his wife, Mary, for wrongful death and negligence. (Super. Ct. No. N 28698.) National defended the action under a reservation of rights and filed the present action for declaratory relief seeking a declaration National owed no duty to defend or indemnify the Ushers with respect to any damages arising out of…