Neill Kohlhase v. Safeco Insurance Company of America

MEMORANDUM

Appellants Neill Kohlhase and Jill Kohl-hase filed this lawsuit under California Insurance Code section 11580(b)(2), seeking to collect from Appellee Safeco Insurance Company of America a judgment obtained against Kristy Pittman in a state court personal injury lawsuit. The state court action arose when a pit bull kept at 129 Esplanade Street, in San Clemente, California, property then covered by a Safeco insurance policy, escaped and mauled Neill Kohlhase. The policy insuring the Esplanade home provided liability coverage to the named insured, Judith Thomas, and to family members that were “residents of your household.” The district court granted summary judgment on behalf of Safeco finding that “household” unambiguously applied to Thomas’ residence, 179 North Garfield Place, in Monrovia, California, thereby precluding from liability coverage Pittman, Thomas’ daughter, who resided at the Esplanade home. The Kohlhases appealed, contending that “your household” was ambiguous and could reasonably be interpreted to mean the household at the insured location. We have jurisdiction to review under 28 U.S.C. § 1291 . We hold that Pittman was not covered by the insurance…