Camara

State Farm Fire & Casualty Co. v. Camara

Good Law
133 Cal. Rptr. 600·1976 Cal. App. LEXIS 1988·63 Cal. App. 3d 48
Court of Appeal of CaliforniaOctober 26, 1976Civ. 15356California2,618 words

Opinion

Opinion

Paras, J.

Plaintiff, injured in an automobile accident, seeks to obtain coverage under the general liability coverage provisions of the defendant-driver’s “homeowner’s” insurance policy. The injured party, Cheryl DeBoer (herein referred to as “plaintiff,” although she is a defendant in this action for declaratory relief filed by the insurer, State Farm Fire & Casualty Company), appeals from a judgment declaring that the policy did not afford coverage for the accident. We affirm.

Plaintiff was injured while a passenger in a 1970 Volkswagen Dune Buggy, California license No. 672 BCB, operated by her brother-in-law, Frank Camara, during a deer hunting trip. She filed suit against Camara, alleging that he drove off a fire protection road “upon a very steep hillside at a point which was used to skid logs down hill,” and a “collision” ensued, proximately causing her injuries. In the third cause of action, admittedly in an effort to obtain coverage on Camara’s homeowner’s policy, she alleged that Camara so negligently “designed, constructed and assembled the vehicle as to proximately cause the vehicle to overturn.” No evidence was presented at the trial, the parties having agreed that…

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