Interinsurance Exchange of the Automobile Club v. Ohio Casualty Insurance

Good Law

1962 Cal. LEXIS 248·23 Cal. Rptr. 592·58 Cal. 2d 142·373 P.2d 640

Supreme Court of CaliforniaJuly 19, 1962L. A. No. 26328California4,103 words

Opinion

dissent Opinion

McComb, J.

I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Fourt in the opinion prepared by him for the District Court of Appeal in Interinsurance Exchange v. Ohio Casualty Ins. Co., (Cal.App.) 17 Cal.Rptr. 259 .

Respondent’s petition for a rehearing was denied August 15, 1962. McComb, J., was of the opinion that the petition should be granted.

lead Opinion

Peters, J.

In this action between two insurance companies, the plaintiff, Interinsurance Exchange of the Automobile Club of Southern California (referred to hereafter as “Exchange”), appeals from a judgment on the pleadings in favor of defendant, Ohio Casualty Insurance Company (referred to hereafter as “Ohio”).

The facts involved are as follows; Effective April 1, 1957, *145 Ohio issued a one-year public liability automobile policy to Helms Pontiae-Cadillae, Inc., covering a certain 1951 Pontiac automobile. To this policy was attached an endorsement, entitled “Garage Liability (Limited Additional Interest) ” which, in defining an “insured” under the policy, contained this exclusion: “The words 'any person or organization legally responsible for the use thereof by any such partner, employee, director, stockholder or family member, ’ shall not be construed to mean, and the benefits of this policy shall not be extended to, any person or organization or the agent, servant or permittee of such person or organization, to which has been relinquished the use or possession of any automobile because such person or organization is a buyer or prospective buyer from the named insured or a customer or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, and
Plaintiff
OHIO CASUALTY INSURANCE COMPANY, and
Defendant

Judges

McComb
Peters

Cites (54)

17 Cal. Rptr. 259
48 Cal. 2d 31
56 Cal. 2d 613
188 Cal. App. 2d 662
201 Cal. App. 2d 9
341 P.2d 675
7 U.S. 242
190 Misc. 517
162 Cal. 455
163 Cal. App. 2d 448
41 Minn. 188
107 F.2d 712
17 Cal. 2d 85
11 Cal. App. Supp. 2d 755
155 Cal. App. 2d 201
15 Cal. 2d 472
125 Cal. App. 2d 291
135 Cal. App. 334
88 Cal. App. 2d 941
79 Idaho 499
158 Pa. Super. 478
57 Cal. 2d 488
274 F. 258
125 F. Supp. 721
195 F. Supp. 735
89 Mont. 243
350 Mo. 185
189 N.Y.S.2d 61
22 Cal. 2d 269
109 U.S. 285
73 S.D. 56
57 Cal. 2d 167
165 Cal. App. 2d 152
160 Cal. App. 2d 631
201 Cal. App. 2d 36
55 Cal. 2d 211
45 Cal. 2d 546
28 Cal. 2d 288
33 Cal. 2d 905
1 Cal. 2d 1
172 A. 551
40 N.J. Eq. 427
13 Pa. D. & C. 673, 676
31 Cal. 82
188 Cal. App. 2d 774
62 Cal. App. 2d 781
35 Cal. App. 2d 591
42 Cal. App. 411
46 Cal. 2d 423
54 Cal. 2d 273
54 Cal. 2d 295
57 Cal. 2d 43
57 Cal. 2d 699
56 Cal. 2d 284