Prince

Appellants Twila Prince and David Smith, Jr., appeal from the judgment entered after demurrer was sustained to their complaint against respondent United National Insurance Company (United National). The issue raised in this case is whether an insurance policy’s exclusion for injuries arising out of the use of an automobile precludes coverage for the deaths of two young children who were negligently left in a vehicle on a hot day by their foster mother. The trial court concluded that the exclusion applied, and sustained a demurrer in favor of respondent United National. We agree that the use of the automobile was a predominating cause of — and substantial factor in — the injuries to the children, and that the foster mother’s negligence was not independent from the use of the vehicle. We, therefore, affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Complaint

Appellants’ complaint against United National was filed in February 2005. Also named as defendants were Fire Insurance Exchange and Mercury Casualty Co. According to the allegations of the complaint, appellants are the natural parents of Dakota Denzel Prince-Smith and Nehemaiha Nate Prince-Smith, who died while…