Matthias

—The amended complaint alleges that the front stairway to rented premises was defective by reason of variations in height of risers and absence of a central handrail. It asserts that this condition had for a long time been known to the owner; that defendant insurer, with “actual knowledge” of this condition, “negligently aided, abetted, encouraged and induced” the owner to maintain the condition “by selling [owner] a policy of liability insurance,” and by “failing to advise, direct or require” the owner to make the stairway safe. Demurrer of defendant insurer to the amended complaint was sustained without leave to amend. Judgment of dismissal followed, and plaintiff appeals. The insured owner is a codefendant, but the cause of action against her is not before us. Rather, we determine only whether mere issuance of the policy subjects the insurer to direct liability to one injured on the stairway.

“ [A]n indispensable factor to liability founded upon negligence is the existence of a duty of care owed by the alleged wrongdoer to the person injured, or to a class of which he is a member” (Routh v. Quinn, 20 Cal.2d 488, 491 [ 127 P.2d 1 , 149 A.L.R. 215 ]; Richards v. Stanley, 43…