Belmonte

Plaintiff Peter Belmonte sued defendants Employers Insurance Company and Commercial Union Insurance Companies (collectively Insurers) for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory relief. He alleged Insurers wrongfully refused to provide him with a defense under a commercial general liability insurance policy in an action brought by a third party. The trial court granted Insurers’ motion for summary judgment, finding the policy’s automobile exclusion clause precluded coverage. Since the accident arose from the use of plaintiff’s vehicle, we agree the exclusion applies and therefore affirm.

Facts

Plaintiff owned and operated a store covered by a commercial general liability policy issued by Insurers. The policy contained a standard clause excluding coverage for bodily injury “arising out of the ownership, maintenance, use or entrustment to others of any . . . ‘auto’ . . . owned or operated by or rented or loaned to any insured.”

Erika Garcia, plaintiff’s 16-year-old niece, who did not have a driver’s license, entered his private office and, allegedly without permission, took the keys to his van. Garcia and her…