California Court of Appeal

Sustaining of demurrer is affirmed as an insurance policy's exclusion for injuries arising out of the use of an automobile precludes coverage for the deaths of two young children who were negligently left in a vehicle on a hot day by their foster mother.

Appellate Information

• Decided 08/24/2006
• Published 08/24/2006

Judges

• MANELLA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Matison & Margolese, Vana Margolese, Wayne Hunkins;  Law Offices of Gregg Goldfarb and Gregg Goldfarb for Plaintiffs and Appellants.


• For Appellees:
  
• Nielsen, Haley & Abbott, James C. Nielsen, San Francisco, and Hillary C. Agnost for Defendant and Respondent United National Insurance Company., Horvitz & Levy, Lisa Perrochet, Mitchell C. Tilner, Encino;  Tharpe & Howell, Christopher S. Maile and Soojin Kang, Sherman Oaks, for Defendant and Respondent Fire Insurance Exchange.