Supreme Court of California

In an action clarifying whether an insured is engaged in the business of renting or leasing motor vehicles without operators under Ins. Code section 11580.9(b), the court rules that, under the conclusive presumption of section 11580.9(b), insurer's policy issued to trailer owner for semi-trailers it leased to an independent trucker (later involved in an accident), was excess to another policy of insurance issued to the same independent trucker that named trailer owner as an additional insured.

Appellate Information

• Decided 05/04/2009
• Published 05/04/2009

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Higgs, Fletcher & Mack, John M. Morris, San Diego;  Schindel, Farman, Lipsius, Gardner & Rabinovich and Laurence J. Rabinovich, New York City, for Plaintiff and Petitioner.


• For Appellees:
  
• Harrington, Foxx, Dubrow & Canter, Mark W. Flory and Michael C. Denlinger, Los Angeles, for Defendant and Respondent.