Gurrola

Gurrola v. Great Southwest Insurance

Good Law
17 Cal. App. 4th 65·1993 Cal. App. LEXIS 748·21 Cal. Rptr. 2d 749·93 Daily Journal DAR 9274·93 Cal. Daily Op. Serv. 5495
Court of Appeal of CaliforniaApril 21, 1993B059029California1,788 words

Opinion

Opinion

Soven, J.

Plaintiffs appeal from a judgment after a court trial in favor of defendant Great Southwest Insurance Company. The sole issue is whether a third party claim, resulting from an auto accident, is covered under a business liability policy which purports to exclude coverage for automobile-related losses. We conclude that the policy does not provide coverage for the losses in this case, and we affirm the trial court.

Facts

The facts are based on a stipulation of the parties and are undisputed. Defendant’s insured, Wilcox, owned a welding business which was insured by defendant. In his spare time, Wilcox rebuilt cars. He owned and rebuilt a 1934 Bantam Coupe, including welding the chassis to the frame of the vehicle. In October 1984, Wilcox, with plaintiff’s decedent Hayes as a passenger, drove the vehicle at speeds exceeding 90 miles per hour. The vehicle crossed the center line of the road and struck a vehicle operated by plaintiff Gurrola, who was seriously injured. Both Wilcox and Hayes were killed in the accident. The accident was caused by Wilcox’s negligent operation of the vehicle and negligent reconstruction of the vehicle, including the welding. Both Hayes’s…

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