International Service Insurance v. Gonzales

I concur in all aspects of the opinion except for the analysis in part I. In my view, this case is governed by Texas law, a fact which does not affect the outcome.

“California has rejected the traditional mechanical solutions to choice-of-law problems and adopted foreign law . . . when it is appropriate in light of the significant interests in the particular case.” (Travelers Ins. Co. v. Workmen’s Comp. App. Bd. (1967) 68 Cal.2d 7, 11 , fn. omitted [ 64 Cal.Rptr. 440 , 434 P.2d 992 ]; see also Henderson v. Superior Court (1978) 77 Cal.App.3d 583, 592-593 [ 142 Cal.Rptr. 478 ]; Buskuhl v. Family Life Ins. Co. (1969) 271 Cal.App.2d 514, 521 [76 Cal.Rptr 602].) California adopts the analysis *121 of the Restatement Second of Conflicts of Laws (the Restatement) in determining the appropriate law to apply in the interpretation of a contract. (1 Witkin, Summary of Cal. Law (9th ed. 1987) Contracts, §§ 37-43, pp. 77-82.)

Section 6 of the Restatement provides the general rules for determining the proper choice of law where a potential conflict arises. That section indicates that a court will follow the statutory directives of its own state with respect to the choice of law. California…

Defendant Louis Gonzales appeals from the summary judgment entered in a declaratory relief action brought by plaintiff insurer to determine if there was insurance coverage for damages for personal injuries sustained by defendant Gonzales in a vehicular accident in California. The policy in question, a motor vehicle disability policy, had been issued in Texas to a Billy Bob Jones. In the underlying accident, defendant Gonzales was in a collision with a vehicle driven by Larry Cross but solely owned by and registered to the wife of Larry Cross, formerly the wife of Billy Bob Jones.

On appeal, defendant contends the trial court erred in applying Texas law in determining the issue of coverage and that a proper application of California law would have produced a contrary result. We disagree and affirm the judgment.

Factual and Procedural Background

On June 10, 1983, defendant’s car collided with a 1980 Buick Regal driven by Larry Cross when Cross failed to yield the right of way at an intersection. Cross’s wife, Marie, was riding in the passenger seat at the time of the accident, which occurred in California.

Larry Cross reported the accident and notified his insurance…

CARR, Acting P.J.

Defendant Louis Gonzales appeals from the summary judgment entered in a declaratory relief action brought by plaintiff insurer to determine if there was insurance coverage for damages for personal injuries sustained by defendant Gonzales in a vehicular accident in California. The policy in question, a motor vehicle disability policy, had been issued in Texas to a Billy Bob Jones. In the underlying accident, defendant Gonzales was in a collision with a vehicle driven by Larry Cross but solely owned by and registered to the wife of Larry Cross, formerly the wife of Billy Bob Jones.

On appeal, defendant contends the trial court erred in applying Texas law in determining the issue of coverage and that a proper application of California law would have produced a contrary result. We disagree and affirm the judgment.

On June 10, 1983, defendant's car collided with a 1980 Buick Regal driven by Larry Cross when Cross failed to yield the right of way at an intersection. Cross's wife, Marie, was riding in the passenger seat at the time of the accident, which occurred in California.

Larry Cross reported the accident and notified his insurance company, Grange…