Truck Insurance Exchange v. Interinsurance Exchange of the Automobile Club

Truck Insurance Exchange (hereinafter referred to as “Truck Insurance”) appeals from the judgment entered in this action for declaratory relief to determine the respective legal rights, duties and obligations of appellant and respondent, Interinsurance Exchange of the Automobile Club of Southern California (hereinafter referred to as “Auto Club”), pursuant to certain insurance contracts with respect to an accident which occurred on November 14, 1970.

Ralph Quinn (hereinafter “Quinn”) was the owner of a Chevrolet automobile which was a described vehicle insured under a standard automobile liability policy by Auto Club.

In Condition 6 Auto Club’s policy provides that: “(a) with respect to any insured, other than the named insured or his agent or employee, the insurance afforded by Part I [Liability] shall not be applicable to an owned automobile while used in the automobile business[ ] if there is any other valid and collectible insurance covering such insured as a named insured or as an agent or employee of a named insured under a policy with bodily injury liability limits of not less than $15,000 ‘each person’ and $30,000 ‘each occurrence’ and property damage liability…