Walker

Ace American Insurance v. Walker

Good Law
121 Cal. App. 4th 1017·18 Cal. Rptr. 3d 1·2004 Cal. App. LEXIS 1383·2004 Daily Journal DAR 10581·2004 Cal. Daily Op. Serv. 7860
Court of Appeal of CaliforniaJuly 27, 2004C044420California3,688 words

Opinion

Opinion

Blease, J.

Defendants and cross-complainants Kimberly Taylor, as guardian ad litem for Jessica Walker, a minor, appeal from a judgment entered after the trial court granted plaintiff Ace American Insurance Company’s (ACE) summary judgment motion and sustained ACE’s demurrer to defendants’ cross-complaint without leave to amend.

ACE brought this declaratory relief action to determine coverage issues relating to a commercial general liability insurance policy issued to its insured. Walker was injured in an accident while she was a passenger in an a car owned by ACE’s insured. We shall conclude the trial court correctly determined there was no possibility of coverage under the policy.

FACTUAL AND PROCEDURAL BACKGROUND

Walker sustained serious injuries in a car accident that occurred while she was a passenger in a car driven by Kai Sheng Hou (Kai). The title to the automobile in which the collision occurred was held by Kai’s father, Hsin Jen Hou (Hsin). Hsin, who lived in Southern California, had purchased the car for his son’s use. Kai lived in the Sacramento area, and the accident occurred when Kai was in Sacramento.

Walker sued Hsin, Kai, the Buta Buddhism Research Center (BBRC),…

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