Knopp

In this appeal from a declaratory judgment in favor of plaintiff Farmers Insurance Exchange (Farmers) we must determine whether the personal automobile liability policy issued by Farmers to defendant Michael Herrin (Herrin), a named insured, provides coverage for an automobile accident that occurred when Herrin was driving his employer's automobile. Herrin was employed as a driver for a "limousine" service for hire by members of the general public. At the time of the accident, he had dropped off his passenger and was returning to his employer's place of business. We conclude the Farmers automobile liability policy issued to Herrin does not provide coverage for this accident and, accordingly, affirm the judgment.

Farmers filed the instant declaratory relief action in May 1991 against Herrin and defendant Redempta Yu Knopp (Knopp), who was seriously injured in the subject accident. Following a bench trial, the court succinctly set forth the undisputed relevant facts in its statement of decision, which we quote in pertinent part:

"Redempta Knopp was injured in an auto accident with [Farmers's] insured, Herrin. At the time of the accident, defendant Herrin was…

In this appeal from a declaratory judgment in favor of plaintiff Farmers Insurance Exchange (Farmers) we must determine whether the personal automobile liability policy issued by Farmers to defendant Michael Herrin (Herrin), a named insured, provides coverage for an automobile accident that occurred when Herrin was driving his employer’s automobile. Herrin was employed as a driver for a “limousine” service for hire by *1418 members of the general public. At the time of the accident, he had dropped off his passenger and was returning to his employer’s place of business. We conclude the Farmers automobile liability policy issued to Herrin does not provide coverage for this accident and, accordingly, affirm the judgment.

Factual and Procedural Background

Farmers filed the instant declaratory relief action in May 1991 against Herrin and defendant Redempta Yu Knopp (Knopp), who was seriously injured in the subject accident. Following a bench trial, the court succinctly set forth the undisputed relevant facts in its statement of decision, which we quote in pertinent part:

Contentions on Appeal

Knopp and Herrin (defendants) contend exclusion No. 1 in the Farmers policy…

I agree the personal automobile policy issued by Farmers does not afford coverage for claims arising from Herrin’s accident. However, I conclude the analytical threshold of ambiguity is met here where I find two reasonable facial interpretations of the Exclusion No. 1 language. I do not find the majority’s sophisticated tautology analysis persuasive and note that it was not advanced by Farmers, which has consistently argued the exclusionary language is “explicit and clear” or, alternatively, that Herrin could not have reasonably expected coverage for this event.

Although I cannot accept the proposition that employing both the words “use” and “used” in Exclusion No. 1 saves its exclusionary language from ambiguity when read by persons (other than philologists) I concur that no reasonable insured would objectively expect coverage for the claim pursued under this personal automobile policy.

A petition for a rehearing was denied December 17,1996, and appellánts’ petition for review by the Supreme Court was denied February 5, 1997. Mosk, J., was of the opinion that the petition should be granted.