California Court of Appeal

Trial court erred in deciding the validity of defendant's non-owned auto endorsement on summary judgment; plaintiff's coverage afforded to a non-pool member is not "insurance" subject to defendant's "other insurance" clause. Summary judgment for plaintiff is reversed.

Appellate Information

• Decided 03/25/2004
• Published 04/26/2004

Judges

• COOPER, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Harris & Green, Lon Harris, El Segundo, Gary L. Green, Fresno, and Gregory M. Heuser, Costa Mesa, for Defendant, Cross-complainant and Appellant., Bowman and Brooke, Jeffrey A. Swedo, Gardena, Larry R. Ramsey and Dana K. Anderson, Long Beach, for Plaintiff, Cross-defendant and Respondent., Brown, Winfield and Canzoneri and J. Kenneth Brown, Los Angeles, for Independent Cities Risk Management Agency, Employment Risk Management Authority, Bay Cities Joint Powers Authority, Vector Control Joint Powers Authority, Central San Joaquin Valley Risk Management Authority, California Affiliated Risk Management Authority, North Valley Schools Insurance Group and Valley Insurance Group, as Amici Curiae on behalf of Plaintiff, Cross-Defendant and Respondent., Farmer, Murphy, Smith & Alliston, George E. Murphy, Suzanne M. Nicholson, Sacramento, for Statewide Association of Community Colleges, Southern California Regional Liability Excess Fund and Northern California Regional Liability Excess Fund as Amici Curiae on behalf of Plaintiff, Cross Defendant and Respondent