S & H Insurance v. California State Automobile Ass'n Inter-Insurance Bureau

S & HInsurance Company (S & H) appeals the summary judgments in favor of respondents, California State Automobile Association Inter-Insurance Bureau (CSAA-BB) and Mercury Casualty Company (Mercury), entered May 1, 1981, and June 4, 1981, respectively. 1 The parties are insurers who each sought judicial declarations exonerating themselves while holding the others liable for property damage caused by a rented Ford van. Appellant S & H, upon whom the trial court summarily fixed liability, argues essentially that the summary judgments are erroneous and the matter should be allowed to proceed to trial. We find no error and affirm the judgments.

Statement of Facts

The underlying facts are not disputed. On April 21, 1979, Hengehold Motor Company (Hengehold), to whom S & H had issued a motor vehicle liability insurance policy, rented a 12-foot Ford van to Timothy Anderson, who had an automobile liability insurance policy issued by CSAA-HB. That same day the latter permitted his brother, Mark Anderson, who had an automobile liability insurance policy issued by Mercury, to operate the van, and while thus used the van came into contact with a carport owned by Del Charo Apartments…