Rolofson

Royal Indemnity Co. v. Rolofson

Good Law
1989 Cal. App. LEXIS 851·213 Cal. App. 3d 373·261 Cal. Rptr. 720
Court of Appeal of CaliforniaAugust 22, 1989No. B033636California1,383 words

Opinion

Lead Opinion

Woods, J.

Robert Rolofson IV, a minor, was killed when a motorcycle on which he was a passenger collided with an uninsured vehicle. *375 His parents, appellants Robert Hayes Rolofson III and Laura Valentine, filed a wrongful death action in which they alleged, inter alia, that their damages were proximately caused by the negligent operation of the motorcycle by Jeffrey Mort, a minor. 1 Jeffrey and his parents Richard and Jane Mort demanded that respondent Royal Indemnity Company defend and indemnify them pursuant to a family automobile insurance policy. Respondent Royal Indemnity Company filed this declaratory relief action in which it sought and obtained a judgment declaring, inter alia, that an automobile policy, which it issued to Jeffrey’s parents, did not cover the motorcycle.

Appellants contend the trial court erred in reaching this conclusion. Although several arguments are advanced in support of this contention, 2 the issue presented in this appeal is simply whether, under the uninsured motorist provisions of the policy, the motorcycle was covered as a temporary substitute for a covered “auto.” Incorporated in this issue, and the reason for publication of this opinion, is…

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