Bartlome

Bartlome v. State Farm Fire & Casualty Co.

Good Law
1989 Cal. App. LEXIS 244·208 Cal. App. 3d 1235·256 Cal. Rptr. 719
Court of Appeal of CaliforniaMarch 23, 1989A041940California2,678 words

Opinion

Opinion

Stein, J.

Nancy Bartlome appeals from a judgment in favor of respondent State Farm Fire & Casualty (State Farm) in a declaratory judgment action.

After settling her personal injury claim for the limits of a commercial liability policy issued to “Tahoe Boat Rental,” Bartlome sought to establish additional coverage under a personal liability umbrella policy issued by State Farm to Lloyd Canton, one of the partners of Tahoe Boat Rental. On appeal she contends the operators of the boat that caused her injury were insureds under Canton’s policy because any property owned by the partnership was also “owned by” Canton, as an individual.

We hold that the definition of “insureds,” as including permissive users of boats “owned by” the named insured under Canton’s personal liability policy, did not include permissive users of a boat owned by the partnership.

Facts

On July 7, 1986, a motorboat operated by Warren Eacret collided with appellant causing the amputation of one of her legs below the knee. Kreg Eacret rented the boat from Tahoe Boat Rental earlier that day. The motor boat was registered with the Department of Motor Vehicles in the name of “Tahoe Boat Rental,” which is a…

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