Webb

Allied Mutual Insurance v. Webb

Good Law
111 Cal. Rptr. 2d 426·2001 Cal. App. LEXIS 686·2001 Daily Journal DAR 9333·91 Cal. App. 4th 1190·2001 Cal. Daily Op. Serv. 7594
Court of Appeal of CaliforniaAugust 28, 2001F034484California1,903 words

Opinion

Opinion

Levy, J.

Appellants, Rick Webb and Mary Leon, challenge the trial court’s finding that a business automobile liability policy issued by respondent, Allied Mutual Insurance Company (Allied), to Dallas Brothers Farms (Dallas Brothers) did not provide coverage for an accident caused by a Dallas Brothers employee. The trial court concluded that, although the subject pickup truck was covered as a “borrowed vehicle,” the employee, Richard Galvan, was not insured as a permissive user. The court further noted that, even if Galvan were a permissive user, his conduct exceeded the scope of the implied permission.

In order to prevail, appellants must demonstrate that both components of the trial court’s ruling are incorrect as a matter of law. With respect to Galvan’s status as a permissive user of the truck, appellants argue that Dallas Brothers granted such permission by ratifying Galvan’s conduct. According to appellants, this ratification occurred when Dallas Brothers failed to either reprimand or discharge Galvan following the accident. Appellants further contend that the policy insures a permissive user for any conduct because it does not restrict coverage to use that falls within the…

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