Bourne
California State Automobile Ass'n Inter-Insurance Bureau v. Bourne
Opinion
Lead Opinion
Blease, J.
In this case we affirm a declaratory judgment that an exclusion from coverage for bodily injury to an insured in a policy of au *91 tomobile insurance renders the policy inapplicable to a cross-complaint against an insured for indemnity by a concurrent tortfeasor.
The facts are few. On November 29, 1980, Chandra Bourne (Chandra), a minor, was seriously injured in an accident while riding as a passenger in an automobile operated by her mother, Shirley Bourne (Shirley). The accident occurred when the vehicle crossed a center divider and struck an automobile driven by Robert O’Connell (O’Connell). Shirley is the named insured and Chandra an insured under a California State Automobile Association Inter-Insurance Bureau (CSAA) automobile liability policy. Chandra filed a personal injury action alleging her mother and O’Connell both negligently caused her to be injured. O’Connell filed a cross-complaint against Shirley seeking partial indemnity for damages for which he, as a joint tortfeasor with Shirley, might become obligated to pay for Chandra’s injuries. CSAA then filed this action for declaratory relief. We review the resulting judgment.