Edgerly

This is an action for declaratory relief to determine whether a homeowners policy of insurance issued by plaintiff to defendants Hendrick and Irene Lether covered a claim for damages for personal injuries sustained by defendant David Edgerly when he was struck by a minibike operated by the Lethers’ minor son. Following trial the court rendered judgment for plaintiff decreeing that the policy did not cover the claim and that plaintiff had no obligation to defend a pending action in the Superior Court of Orange County brought by David Edgerly against the Lethers. Defendants appeal from the judgment.

The facts pertinent to the appeal are as follows:

In 1967 the Lethers purchased a homeowners policy of insurance issued by plaintiff covering the family home for a period of three years. The policy also provided comprehensive personal liability coverage to specified limits for bodily injury and property damage resulting from an accident or occurrence covered by the policy. Under “Special Exclusions” the policy provided in pertinent part that comprehensive liability coverage shall not apply “to the ownership, maintenance, operation, use, loading or unloading of (1) automobiles…