Nava v. Mercury Casualty Co.

Opinion

PREMO, J.

In this insurance coverage action, plaintiffs Estanislao Nava, Jr., Adrian Espitia, and Christopher Anthony Godoy appeal from a judgment that resulted after the trial court granted a motion for summary judgment in favor of defendant Mercury Casualty Company. They contend that the insurance policy in question is ambiguous and, as such, raises a triable issue whether it provides coverage.

1

We disagree and affirm the judgment.

[805]

SCOPE OF REVIEW

“ ‘While insurance contracts have special features, they are still contracts to which the ordinary rules of contractual interpretation apply.’ [Citations.] ‘The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties.’ [Citation.] ‘Such intent is to be inferred, if possible, solely from the written provisions of the contract.’ [Citation.] ‘If contractual language is clear and explicit, it governs.’ [Citation.]”

(Foster-Gardner, Inc.

v.

National Union Fire Ins. Co.

(1998) 18 Cal.4th 857, 868 [77 Cal.Rptr.2d 107, 959 P.2d 265].)

Ambiguity exists when an insurance policy provision “ ‘is capable of two or more constructions, both of which are reasonable.’ [Citations.] The fact that a term is not defined in the policies does not make it ambiguous. [Citations.] Nor does ‘[disagreement concerning the meaning of a phrase,’ or ‘ “the fact that a word or phrase isolated from its context is susceptible of more than one meaning.” ’ [Citation.] ‘ “[L]anguage in a contract must be construed in the context of that instrument as a whole, and in the circumstances of that case, and cannot be found to be ambiguous in the abstract.” ’ [Citation.] ‘If an asserted ambiguity is not eliminated by the language and context of the policy, courts then invoke the principle that ambiguities are generally construed against the party who caused the uncertainty to exist (i.e., the insurer) in order to protect the insured’s reasonable expectation of coverage.’ [Citation.]”