CALIF. ST. AUTO. ASSN. INTER-INS. BUREAU v. Bourne

162 Cal.App.3d 89 (1984) 208 Cal. Rptr. 131 CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, Plaintiff and Respondent,

v.

SHIRLEY BOURNE et al., Defendants and Appellants.

Docket No. 24023. Court of Appeals of California, Third District.

November 27, 1984. [90] COUNSEL

Shirley Bourne, in pro. per., Miles, Sears & Eanni, Gerald J. Maglio, Parichan, Renberg, Crossman & Harvey and Charles L. Renberg for Defendants and Appellants.

Bolling, Walter & Gawthrop, Craig E. Farmer, George E. Murphy, Staiger, Santana, Yank, Molinelli & Preston and Frank E. Preston for Plaintiff and Respondent.

OPINION

BLEASE, J.

(1a) In this case we affirm a declaratory judgment that an exclusion from coverage for bodily injury to an insured in a policy of automobile [91] insurance renders the policy inapplicable to a cross-complaint against an insured for indemnity by a concurrent tortfeasor.

The facts are few. On November 29, 1980, Chandra Bourne (Chandra), a minor, was seriously injured in an accident while riding as a passenger in an automobile operated by her mother, Shirley Bourne (Shirley). The accident occurred when the vehicle crossed a center divider and struck an automobile driven by Robert O'Connell (O'Connell). Shirley is the named insured and Chandra an insured under a California State Automobile Association Inter-Insurance Bureau (CSAA) automobile liability policy. Chandra filed a personal injury action alleging her mother and O'Connell both negligently caused her to be injured. O'Connell filed a cross-complaint against Shirley seeking partial indemnity for damages for which he, as a joint tortfeasor with Shirley, might become obligated to pay for Chandra's injuries. CSAA then filed this action for declaratory relief. We review the resulting judgment.