Quin

Ohio Farmers Insurance Company (Ohio Farmers) appeals a judgment in favor of Donald Quin in a declaratory relief action. The trial court ruled Ohio Farmers was liable for damages caused by a permissive user who was not specifically identified in an exclusionary provision of its policy. The primary issue before us is whether the word “use” in the 1982 version of Insurance Code section 11580.1, subdivision (d)(1), included entrustment.

Facts

In October 1982, Quin was injured when his bicycle was struck by an automobile driven by Sylvia Chiaravallo. The automobile was owned by Kathleen Sullivan, who was insured by Ohio Farmers. Sullivan’s son, Murray Martin, had entrusted the automobile to Chiaravallo. Sullivan’s policy contained an endorsement excluding coverage while Martin was “using” the vehicle and defining “use” as “including permitting some other person to operate” the vehicle.

In June 1983, Quin filed a complaint for damages against Chiaravallo, Martin and Sullivan, and Ohio Farmers defended Sullivan under a reservation of rights. In May 1984, Ohio Farmers filed this declaratory relief action. Among other things, the parties stipulated: (1) Sullivan did not know…