Afrasiabi

Afrasiabi v. State Farm Fire & Casualty Co.

Good Law
1999 Cal. App. LEXIS 714·73 Cal. App. 4th 1183·86 Cal. Rptr. 2d 926·99 Daily Journal DAR 7841·99 Cal. Daily Op. Serv. 6179
Court of Appeal of CaliforniaJuly 30, 1999No. G021060California1,603 words

Opinion

Lead Opinion

Seymour, J.

This appeal concerns the interpretation of an exclusion clause in a homeowners insurance policy issued by respondent State Farm Fire & Casualty Company (State Farm). The appellant, Mehran Afrasiabi (Mehran), contends the trial court erred in finding the household resident exclusion in his uncle’s policy applied to him. We affirm.

The insured, Mohamad Afrasiabi (Mohamad), was sued by his nephew Mehran for personal injuries he received after being thrown into a swimming pool by four men, including Mohamad, during a party at the home of a family friend. Mohamad requested that State Farm defend and indemnify *1185 him under his homeowners policy. State Farm refused, contending Mehran was an insured under the policy, and the policy contained a clause excluding coverage for claims for bodily injury to any insured (the exclusion clause). The State Farm policy defined insured as follows: “ ‘Insured’ means you and, if residents of your household: a. your relatives; b. any other person under the age of 21 who is in the care of a person described above.” After State Farm declined coverage, Mehran released Mohamad from any personal financial responsibility in return for an…

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