Womack

MEMORANDUM **

In this case Appellant Ruth Womack sued the estate of her late husband for *460 damages for personal injuries she sustained as a passenger in a vehicle driven by her late husband. The sole issue in this case, in which AMCO Insurance Company filed a declaratory relief counterclaim, is whether the district court erred by falling to find the exclusionary clause contained in an automobile insurance policy overbroad or ambiguous and therefore in violation of the scope of permissible exclusions under California Insurance Code § 11580.1(c). Because the parties are familiar with the pertinent facts, we do not state them here.

Contrary to Mrs. Womack’s contentions, the exclusion provisions under review are neither overbroad nor ambiguous. Mrs. Womack contends that Phelps v. Allstate Ins. Co., 106 Cal.App.3d 752 , 165 Cal.Rptr. 263 (1980) compels the conclusion that the exclusionary language is overbroad. In Phelps , the court analyzed a family exclusion clause which defined an insured as any “resident of the named insured’s household with respect to the owned automobile,” permissive users, and three other classes of “persons who are insured.” Id. at 757 , 165 Cal.Rptr. 263…