Bourne

California State Automobile Ass'n Inter-Insurance Bureau v. Bourne

Good Law
162 Cal. App. 3d 89·1984 Cal. App. LEXIS 2789·208 Cal. Rptr. 131
Court of Appeal of CaliforniaNovember 27, 1984Civ. No. 24023California1,401 words

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.

Two parts of the CSAA policy are…

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