Allstate Insurance v. Superior Court

In a declaratory relief action brought against its insureds and third party claimants, petitioner Allstate Insurance Company seeks a writ of mandate compelling the respondent court to vacate its denial of Allstate’s motion for summary judgment. The issue presented is whether a “driver exclusion agreement” executed as part of an automobile insurance policy is binding when signed by only one of two married insureds. We hold that, under the express and clear statutory provisions which apply, the exclusion in this case was binding and should have been applied by the court to preclude any claim against petitioner insurer for coverage or defense arising *244 out of the underlying wrongful death suit. Accordingly, a writ of mandate shall issue.

Facts

Petitioner insurer issued an automobile insurance policy to defendant Arthur Loyer as the only named insured providing coverage of a 1982 Ford Escort owned by Loyer and his wife Dorothy with the two of them as insured drivers. The policy included a “driver exclusion agreement” which provided: “To induce the Allstate Insurance Company to issue any policy which is issued as a result of Application No. _ (or to continue any policy…