California Court of Appeal

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Farmers Insurance v. Superior Court, B248324

The trial court erred in denying plaintiff-insurer's motion for summary adjudication in a declaratory relief action arising out of a coverage dispute involving the wrongful death of a child who was negligently supervised by the insured grandmother and struck and killed by a motor vehicle driven by the insured grandfather, where: 1) the trial court erred in finding the grandmother's negligent supervision of the child existed independently of the use of a motor vehicle, and that the motor vehicle exclusion in the homeowners insurance policy did not apply; and thus, 2) there was no potential for coverage under the homeowners' insurance policy plaintiff-insurer issued to its insureds.

Appellate Information

  • Decided 10/28/2013
  • Published 10/28/2013

Judges

  • SEGAL

Court

  • California Court of Appeal

Counsel