Watamura

Watamura v. State Farm Fire & Casualty Co.

Good Law
1988 Cal. App. LEXIS 1136·206 Cal. App. 3d 369·253 Cal. Rptr. 555
Court of Appeal of CaliforniaNovember 3, 1988B033004California831 words

Opinion

Opinion

Ashby, J.

Plaintiff and appellant Ronald Watamura was insured under a homeowner’s insurance policy with defendant and respondent State Farm Fire and Casualty Company. Respondent denied a property loss claim under the policy, and appellant brought this action for a breach of contract and bad faith, We hold the trial court properly granted summary judgment in favor of respondent on the ground that the loss was excluded by clear and unambiguous terms of the policy, and appellant raised no triable issues of material fact. (Code Civ. Proc., § 437c.)

Appellant’s “sandrail vehicle” was stolen from appellant’s premises. It is undisputed that the sandrail vehicle is a motor-propelled vehicle designed for movement on land, primarily on sand dunes.

The “Coverage B—personal Property” section of the homeowner’s policy expressly provides: “Property Not Covered. We do not cover: . . . (3) any engine or motor propelled vehicle or machine, including the parts, designed for movement on land. We do cover those used solely for the service of the insured location and not licensed for use on public highways.”

There was no ambiguity in this provision. The sandrail was an engine or motor-propelled…

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