Gilstrap

Safeco Insurance v. Gilstrap

Good Law
141 Cal. App. 3d 524·190 Cal. Rptr. 425
Court of Appeal of CaliforniaMarch 29, 1983Civ. 22282California4,230 words

Opinion

Opinion

Sparks, J.

We are presented with a dispute concerning the coverage provided in a “Homeowner’s” insurance policy for an accident occasioned by the negligent entrustment of a motorcycle. The trial court, in a declaratory relief action initiated by the insurance carrier, determined that coverage was provided.

Although we have found no California case directly on point, our review of related appellate opinions of this state, together with an analysis of sister state decisions, persuades us that under the circumstances presented coverage is expressly and unambiguously excluded under the provisions of the policy. Accordingly, we shall reverse the judgment.

In dispute here is the scope of coverage contained in the “comprehensive personal liability” portion of a homeowner’s policy of insurance. The policy was issued by Safeco Insurance Company (Safeco) to Travis and Dorothy Gilstrap (hereafter the Gilstraps). Their son, Donald, owned a Suzuki motorcycle. At the time of the accident Donald was serving in the United States Navy and was stationed away from home. Prior to leaving for his assigned military destination, Donald received permission from his parents to store his motorcycle in…

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