Empire Fire & Marine Ins. Co. v. Bell

Good Law
1997 Cal. App. LEXIS 510·55 Cal. App. 2d 1410·55 Cal. App. 4th 1410·64 Cal. Rptr. 2d 749·97 Daily Journal DAR 8196
Court of Appeal of CaliforniaJune 24, 1997A074080California5,552 words

Opinion

Opinion

Dossee, J.

This dispute between an insurance carrier and its policyholder, Bell’s Ambulance Service, requires us to consider the impact of a Sonoma County ordinance requiring ambulance services to maintain liability insurance and requiring advance notice to the county of any modification of the policy.

Facts

Defendant Bell’s Ambulance Service was the named insured of an insurance policy labeled a “business automobile” policy, effective from June 25, 1992, to June 25,1993, issued by plaintiff Empire Fire and Marine Insurance Company (Empire). When the policy was issued, Wayne F. Bell, the company’s manager, provided Empire with a copy of the Sonoma County ordinance.

During the policy period, Wayne F. Bell lost his driver’s license, and in December 1992 he signed a “Driver Exclusion” endorsement excluding from coverage any accidents involving Wayne F. Bell as driver. On February 8, 1993, Natasha Downing was injured in an accident caused by Wayne F. Bell while he was operating an ambulance owned by Bell’s Ambulance Service. (After the accident, Wayne F. Bell obtained a driver’s license, and on March 30, 1993, he was reinstated as a driver under the policy.)

The insurer, Empire,…

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