Meraz

Plaintiff Leopoldo Meraz appeals the entry of summary judgment in favor of defendant Farmers Insurance Exchange after the trial court determined that the bodily injury suffered by plaintiff was not covered under the insured’s homeowners policy. We conclude that the policy provided coverage, and reverse.

Facts

In or before 1996, Armando Aviles bought a 1974 Ford Cargo van. The van was not in operating condition at the time Aviles acquired it. It was delivered to the residence of his next-door neighbor, Pedro Avella, on a flatbed truck, with an empty gas tank, no battery, no ignition key, with an expired registration, and with an engine that would not start. Aviles did not purchase the van intending to return it to operating condition. Rather, he acquired it for the sole purpose of using it as a toolshed, and that is the only use either Aviles or Avella ever made of it. The van was never driven, and was never operable, during the time that Aviles owned it.

Plaintiff was injured on December 1, 1997, when he and the insured, Avella, tried to start the van’s engine by pouring gasoline down the carburetor to see if the engine could be salvaged and sold.

Respondent had…