Stewart
National Automobile & Casualty Insurance v. Stewart
Opinion
Lead Opinion
Racanelli, J.
*456 Opinion
This is an appeal by National Automobile and Casualty Insurance Company (National) from a judgment declaring that an automobile insurance policy issued to respondent Judith Isenhart provided coverage for, and a duty to defend against, a claim brought by respondent Thea Stewart for injuries sustained in an accident involving an automobile operated by Isenhart’s 16-year-old son, Matt. The pivotal issue presented is whether the phrase and definition of “nonowned automobile” is clear and conspicuous so as to preclude coverage under the terms of the insuring agreement. We will hold that it is as a matter of law and, accordingly, reverse the judgment.
Facts
The relevant facts are not in serious dispute.
In February 1983, in connection with her purchase of a 1983 Dodge station wagon, respondent Isenhart acquired the subject policy covering the Dodge with liability exposure limited to $100,000 per occurrence and naming only her as the insured operator. Isenhart testified that she had asked her insurance agent, Ed Carpenter, to procure a policy providing “full coverage.”
Carpenter testified as to his customary explanation of what full coverage normally included in terms…