Bluehawk

Bluehawk v. Continental Insurance

Good Law
1996 Cal. App. LEXIS 1052·50 Cal. App. 4th 1126·58 Cal. Rptr. 2d 147·96 Daily Journal DAR 13713·1996 WL 660433
Court of Appeal of CaliforniaNovember 14, 1996B085929California2,434 words

Opinion

Opinion

Perez, J.

Appellant Continental Insurance Company (Continental) appeals a judgment declaring Continental owed a duty to defend and indemnify Hans Mustad for injuries he caused to respondents Robert J. Alvarez HI, Wendy D. Alvarez, and Donovan J. Alvarez, through his guardian ad litem, Julie Ann Ibrahim (collectively the Alvarez heirs), and Tone Louise Bluehawk (Bluehawk). After review, we reverse the judgment as to Continental and affirm in all other respects.

Procedural and Factual Background

From 1988 to 1990, Hans Mustad (Hans), who was in his 20’s, lived with his mother, Fay Mustad (Fay). In June 1990, he moved out of Fay’s house at her insistence because she disapproved of his friends. Thereafter, Hans moved from place to place, staying with relatives and friends, including the Alvarez family. Although Fay did not let Hans move back in, she let him store some of his personal belongings with her and occasionally allowed him to spend a night or two at her home.

On September 17, 1990, Fay submitted an application to Continental for an automobile liability policy. Because Fay did not want to insure Hans, the application did not name him as an additional insured, nor did it…

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