Insurance Exchange of the Automobile Club v. Dinehart CA2/2

Filed 4/11/14 Insurance Exchange of the Automobile Club v. Dinehart CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

INTERINSURANCE EXCHANGE OF B240171 THE AUTOMOBILE CLUB, (Los Angeles County Plaintiff and Appellant, Super. Ct. No. PC047711)

v.

VIVIANE DINEHART,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Melvin D. Sandvig, Judge. Reversed with directions to dismiss.

Lewis Brisbois Bisgaard & Smith, Raul L. Martinez for Plaintiff and Appellant.

Shernoff Bidart, Echeverria Bentley, Michael J. Bidart, George L. Bentley, Steven Schuetze, Steven Messner for Defendant and Respondent.

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In a declaratory relief action, the parties disputed coverage on an automobile insurance policy. The trial court ruled in favor of the insured and the insurer appealed. After the opening brief was filed, the insurer settled the claims against its insured. The appeal is moot because there is no longer a justiciable controversy to resolve. FACTS The parties stipulated to the facts. On March 1, 2008, Viviane Dinehart lost control of her Chevrolet Suburban on Interstate 10 and crashed. Viviane’s husband Denis Dinehart, a passenger, was killed and their daughter Marina Dinehart was badly injured. Viviane’s daughter Angela Dinehart was not in the vehicle at the time of the accident. Viviane and Denis Dinehart are insured by a policy from the Interinsurance Exchange of the Automobile Club (Auto Club). PROCEDURAL HISTORY Several lawsuits arose from the accident. Marina sued her mother Viviane for injuries she sustained in the accident and for the wrongful death of her father Denis, and Angela sued Viviane for the wrongful death of Denis. In response, Auto Club brought an action for declaratory relief alleging that it has no duty to defend or indemnify Viviane against claims made by members of her household. At trial, the court found coverage under the Policy “based on the plain terms of the policy and the undisputed facts that Marina Dinehart and Angela Dinehart were not ‘using’ the vehicle at the time of the accident.” The court entered judgment in favor of the Dineharts on January 29, 2012. DISCUSSION Appeal is taken from the judgment. (Code Civ. Proc., § 904.1, subd. (a)(1).) After the appeal was perfected and the opening brief was filed, the parties settled. On September 20, 2013, the trial court approved a settlement for Marina Dinehart, who sustained brain injuries in the accident. This resulted in complete settlement of the claims of Marina and Angela against Viviane for wrongful death and personal injuries. Further, Viviane reached a settlement with Auto Club of her claims for breach of contract and breach of the implied covenant of good faith and fair dealing.