Ammar

*839 Opinion

Kenneth and Doreen Ammar, minor children of Patricia Ammar, were injured because of the negligent driving of their mother while riding in her automobile. Each sued the mother who forwarded the claims to State Farm Mutual Automobile Insurance Company (State Farm) under its automobile liability insurance policy covering the automobile involved, in which she was the named insured. By its terms, State Farm had contracted to pay all sums for which she became legally liable for bodily injuries to others, except as otherwise excluded. A clause in the policy excludes liability coverage for claims brought by (1) the named insured, (2) any other insured, and (3) any member of the family of the named insured or other insured residing in the same household with the named insured or other insured. The policy defines “insured” ás including, in pertinent part: (1) the named insured, (2) the spouse of the named insured, and “(3) any relatives of the [named insured], or of his or her spouse.” “Relative” is further defined as “a person related to the named insured or spouse by blood, marriage or adoption who is a resident of the same household.”

State Farm filed a declaratory relief…

I dissent:

The issue is not, as generalized by the majority, whether the Legislature could have identified relatives residing in the home of an insured as additional insureds, and by so doing encompass them within the exclusion of section 11580.1, subdivision (c)(5). The simple fact is, the Legislature did not so identify that group, any more than it so identified nonrelatives with whom the insured resides, or the members of the insured’s Saturday night poker club. 1 Section 11580.1, subdivision (c)(5), *844 was limited to excluding only those persons who fall within the category there named: insureds.

Therefore, the true, and dispositive question is: may an insurer and a named insured validly contract to include as nominal insureds, persons or classes of persons having no potential insurable interest (and therefore exposing insurer to no liability risk) so as to exclude those persons, without their knowledge, from claiming under the named insured’s automobile liability policy?

Discussion

This state follows the general rule that automobile liability insurance, like other forms of insurance, must be supported by an insurable interest in the insured. (Osborne v. Security Ins.…

COLOGNE, Acting P.J.

Kenneth and Doreen Ammar, minor children of Patricia Ammar, were injured because of the negligent driving of their mother while riding in her automobile. Each sued the mother who forwarded the claims to State Farm Mutual Automobile Insurance Company (State Farm) under its automobile liability insurance policy covering the automobile involved, in which she was the named insured. By its terms, State Farm had contracted to pay all sums for which she became legally liable for bodily injuries to others, except as otherwise excluded. A clause in the policy excludes liability coverage for claims brought by (1) the named insured, (2) any other insured, and (3) any member of the family of the named insured or other insured residing in the same household with the named insured or other insured. The policy defines "insured" as including, in pertinent part: (1) the named insured, (2) the spouse of the named insured, and "(3) any relatives of the [ named insured ], or of his or her spouse." "Relative" is further defined as "a person related to the named insured or spouse by blood, marriage or adoption who is a resident of the same household."

State Farm filed a…