Interinsurance Exchange of Automobile Club v. MacIas

Opinion

WORK, J.

— Merna Macias was injured when struck by an automobile driven by a drunk driver, Thomas McDonald, while driving his own

[937]

uninsured car. In addition to Thomas, Macias sued his father, M. A. McDonald (M.A.) alleging it was he who negligently furnished excessive amounts of alcoholic beverages to Thomas even after he was aware his adult son was drunk. In spite of this awareness M.A. allegedly used his car to transport Thomas to the son’s car knowing he would then drive it on a public roadway although physically incapable of doing so safely. Interinsurance Exchange of the Automobile Club of Southern California (Insurer) covered M.A. for injuries “arising out of the . . . use” of his owned vehicle.

Macias claims the “use” of M.A.’s auto to transport a known intoxicated person to another car for the purpose of allowing said person to drive the same sufficiently establishes a causal connection to allow recovery for her injuries under the transporting car’s policy.

While M.A. may have joint responsibility for the injuries caused by Thomas under general negligence principles based on the stated facts, his automobile insurer does not.

Although we are cited to no cases, here or elsewhere, where similar fact situations support coverage, the argument in favor of coverage is straightforward:

but for

M.A.’s negligence in transporting his adult son to the son’s car the accident would not have occurred. However, the use of motor vehicles is so integral to the American lifestyle we would be hard pressed to point to any occurrence not at least tangentially related to vehicular “use.” For instance, food poisoning suffered by an imbiber in New York may be caused by spoiled produce originating in California and transported by truck to the grocer who sold it to the victim. Even if we assume the truck driver was aware of the defects, and that it would be marketed for human consumption, the “use” of the vehicle for transportation is not causally related to the injury.

Macias primarily relies on two cases extending auto liability coverage to other than ordinary uses.