Clendening
State Farm Fire & Casualty Co. v. Clendening
Opinion
Opinion
McCONNELL, J.
Robert and Juanita Clendening appeal a judgment finding State Farm Fire and Casualty Company owed no duty under the terms of the homeowners insurance policy it had issued to Robert and Juanita to pay any sums to Juanita or to defend Robert in any lawsuit brought by Juanita against Robert. We affirm.
The facts are not in dispute. State Farm issued a homeowners policy to Juanita and Robert Clendening, who lived together as husband and wife; both were named as insureds. On February 19, 1978, while the policy was in effect, Robert caused severe personal injuries, including a broken neck, to Juanita who remains a quadriplegic. Juanita filed suit against Robert seeking compensation for injuries caused by his tortious acts. State Farm filed this action for declaratory relief.
The policy issued to the Clendenings reads, in part, as follows:
The Clendenings contend the exclusionary clauses are not enforceable because they were not clear and conspicuous and were not called to their attention. This issue was previously addressed by this court in State Farm Fire & Cas. Co. v. Alstadt (1980) 113 Cal.App.3d 33 [ 169 Cal.Rptr. 593 ], in which the validity of an identical policy was…