Hitchcock

Hitchcock v. Mercury Ins. Co.

Good Law
1997 Cal. App. LEXIS 297·54 Cal. App. 4th 303·62 Cal. Rptr. 2d 681·97 Daily Journal DAR 5014·97 Cal. Daily Op. Serv. 2838
Court of Appeal of CaliforniaApril 16, 1997G020040California1,002 words

Opinion

Opinion

Sonenshine, J.

Kara Hitchcock appeals from an adverse judgment filed in favor of Mercury Insurance Company in her breach of contract action. She contends the court erred in granting Mercury’s motion for summary judgment. (Code Civ. Proc., § 437c.) Affirmed.

I

Kara Hitchcock and her fiancé Jason Apodaca were registered owners of a 1983 Mercedes 190E. In August 1993, Hitchcock secured insurance from Mercury and the following month was involved in an automobile accident. Apodaca, a passenger at the time of accident, was injured. Mercury paid $3,617 for his medical bills.

Unsatisfied, Apodaca filed a personal injury action against Hitchcock. Mercury refused to defend or indemnify Hitchcock, based on policy provisions specifically excluding coverage for bodily injury claims brought by an “insured,” defined as all persons “legally responsible" for the car. Hitchcock responded by filing the underlying complaint against Mercury for breach of contract, breach of the implied covenant of good faith and fair dealing and for declaratory relief.

The court granted Mercury’s motion for summary judgment, finding, “Apodaca was an insured under the Mercury policy at the time of the . . . accident by…

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