Giovanna v. Vigilant Insurance

Opinion

SCOTT, J. Dolores Giovanna appeals from an adverse judgment following a court trial on her complaint for declaratory relief. The issue is whether a policy of insurance issued by respondent Vigilant Insurance Company afforded coverage for the alleged liability of Cari Naumann arising from a fatal single vehicle accident. We affirm the judgment below.

The vehicle involved in the accident at issue was a 1965 Chevrolet owned by Emile Giovanna, appellant’s husband and stepfather of her two natural daughters, Cathy and Cari Naumann. All four individuals lived together in the same household at the time. On July 29, 1978, Cari was driving the Chevrolet when it overturned and caused the death of her sister Cathy. The Chevrolet was insured under a State Farm insurance policy. Appellant was also insured under a personal automobile policy issued by respondent Vigilant. The Vigilant policy described and covered appellant’s 1973 Ford station wagon; it did not describe or cover the 1965 Chevrolet involved in the accident.

The only question before us is whether the trial court erred in holding that the Vigilant policy did not afford coverage for Cari on the claims arising from the fatal automobile accident. Appellant argues that both of her daughters were “named insureds” under the policy as a result of the addition of [370]her daughters to the Vigilant policy as “occasional operators.” There is no merit to this contention.

The Vigilant policy identifies a “covered person” as, inter alia, “you or any family member.” The term “you”, is defined to refer to “the ‘named insured’ shown in the Declarations and the spouse if a resident of the same household”; a “family member,” in turn, is “a person related to you by blood, marriage or adoption who is a resident of your household . . . .” The only named insured in the policy declarations is appellant. Thus, the term “you” includes appellant and her husband; Cari is insured under the policy only as a “family member.”

The broad coverage provisions of the policy are limited by several express exclusions. Relevant here are exclusions 9 and 10, which state: “We do not provide Liability Coverage: . . . [f] 9. For the ownership, maintenance or use of any vehicle, other than your covered auto, which is owned by you or furnished or available for your regular use. [f] 10. For the ownership, maintenance or use of any vehicle, other than your covered auto, which is owned by or furnished or available for the regular use of any family member. However, this exclusion does not apply to you.” The phrase “your covered auto,” defined as “any vehicle shown in the Declarations,” refers only to appellant’s 1973 Ford station wagon. The 1965 Chevrolet driven at the time of the fatal accident is not described in the Vigilant policy, and was not covered thereby.