Mitroff

Mitroff v. United Services Automobile Ass'n

Good Law
1999 Cal. App. LEXIS 574·72 Cal. App. 4th 1230·85 Cal. Rptr. 2d 759·99 Daily Journal DAR 5937·99 Cal. Daily Op. Serv. 4666
Court of Appeal of CaliforniaJune 11, 1999No. A082952California5,126 words

Opinion

Lead Opinion

Marchiano, J.

George B. Mitroff appeals from a summary judgment in favor of his insurance carrier, United Services Automobile Association (USAA), in an action for damages for breach of USAA’s duty to defend him against a complaint for assault and battery filed by Mitroff s wife, Sherry Lamb. We affirm because appellant’s wife was a resident of his household, thereby precluding liability coverage for bodily injury to her as an insured under the policy’s household exclusion.

*1234 Background

Mitroff and Lamb were married for the first time in May of 1982, and lived in Mitroff’s house at 1440 Enchanted Way. 1 Within two months,.they had separated and were divorced in 1984. Mitroff and Lamb remarried on the 4th of July in 1985. Mitroff again moved into the Enchanted Way residence in 1987. The second marriage was longer than the first, but by July 17, 1993, due to marital discord Mitroff and Lamb agreed to a date of separation. As a part of their agreement, they continued to live at Enchanted Way. Lamb and her mother, Elsie Butts, lived in the downstairs portion of the house, while Mitroff lived upstairs. Mitroff and Lamb shared the living room and kitchen areas of the house. Mitroff and…

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