Utley

Richard Utley appeals from an adverse declaratory relief judgment entered in favor of his insurer, Allstate Insurance Company (Allstate). Appellant was sued by a third party for indemnity after his son fell off a bicycle and injured himself. Appellant brought the instant action for declaratory relief when Allstate advised him that his homeowners insurance policy provided no coverage. The trial court determined that a “resident relative” exclusion in the policy precluded coverage. We affirm.

Appellant is the policyholder of an Allstate Deluxe Homeowners Policy. On February 26, 1989, his adult son, Darren Utley (Darren), was injured while riding appellant’s bicycle on a sidewalk. Darren brought an action for personal injuries against the City of Simi Valley and distributors of the bicycle. (Darren Utley v. City of Simi Valley (Super. Ct. Ventura County, No. 109534).) The defendants filed cross-complaints against appellant, alleging that he failed to properly maintain the bicycle. Appellant tendered the cross-complaints to Allstate, but it refused to defend because Darren was a resident of appellant’s household.

The policy provided in pertinent part: “We do not cover…