Yamasaki

Marilyn Yamasaki appeals a summary judgment entered in favor of Mercury Casualty Insurance Company in an action for declaratory relief. The issue is whether a designated driver exclusion (Ins. Code, § 11580.1, subd. (d)(1)) is applicable when the driver operated the vehicle without the insured’s permission.

I

Ruben Pena was involved in an automobile accident while driving Yamasaki’s vehicle. Substantial injury was sustained by other persons and the car was declared a total loss.

Yamasaki made a timely claim to Mercury, her insurance company, for her property loss and for defense and indemnification against third party claims. Mercury denied coverage, claiming Yamasaki had designated Pena as a person specifically excluded from coverage.

Yamasaki filed the underlying complaint against Mercury seeking declaratory relief for breach of contract, breach of the implied covenant of good faith and fair dealing, and negligent infliction of emotional distress. Mercury’s motion for summary judgment was granted. Yamasaki appeals.

II

Yamasaki’s policy included a “Designated Person(s) Coverage Exclusion” specifically excluding Pena from coverage. The exclusion states, “It is…