Highlands Insurance v. Universal Underwriters Insurance
Highlands Insurance v. Universal Underwriters Insurance
Opinion of the Court
Opinion
Defendant, Universal Underwriters Insurance Company, appeals from an adverse declaratory judgment. Although the facts are not substantially in dispute, defendant contends that the trial court erred both in its interpretation of an automobile insurance policy issued by plaintiff, Highlands Insurance Company, and in its finding of sufficient evidence to sustain a judgment in favor of plaintiff. We disagree, and affirm the judgment of the trial court, for the reasons set forth below.
Plaintiff was the insurer for Robert H. Cleveland. Cleveland was involved in an accident while driving a 1971 Cadillac owned by Modem
At issue is the meaning of an exclusionary clause in plaintiff’s automobile insurance policy. The policy covered described automobiles owned by Cleveland and nonowned automobiles defined as follows: “ ‘Non-owned automobile’ means an automobile or trailer not owned by or furnished for the regular use of either the named insured or any relative, other than a temporary substitute automobile.”
However, a common sense reading of the quoted provision in the policy makes it apparent that plaintiff’s insurance covered a car owned by Cleveland or used as a temporary substitute for a car owned by him. If a car was not owned by him and was not being used as a temporary substitute vehicle but instead was furnished to him for his regular use, it was excluded from coverage under plaintiff’s policy. Absent a
We reject the contention that the term “regular use” is vague, undefined and ambiguous.
In the latest case, on facts similar to those before us, the court found no regular use where a woman had been test-driving a car on loan from the dealer for several weeks before deciding to buy it. (Truck Ins. Exch. v. Wilshire Ins. Co., supra, 8 Cal.App.3d 553.) There, however, the court emphasized that the trial court “could reasonably infer . . . that the use was for a limited period of time, restricted to a reasonable geographical area, and for a limited purpose.” (Id., at p. 561.) This is readily distinguishable from the case before us, where the evidence revealed expressly that no limitations of any kind had been placed on Cleveland’s use of the car. The instant case, then, falls under the general rule that a car “furnished for all purposes and at all times and places would clearly be for his regular use.” (Pacific Auto Ins. Co. v. Lewis, supra, 56 Cal.App.2d 597, 600.)
Finally, we note the purpose of the provision itself as a crucial factor in our analysis of this case and in synthesizing the other cases, which almost without exception have affirmed the judgment of the courts below. The clear intent and function of a “drive other cars” provision in an automobile insurance policy is to prevent abuse, by precluding the insured and his family from regularly driving two or more cars for the price of one policy. The purpose of the provision is to cover the occasional use of other cars without payment of an additional premium but to exclude the frequent or habitual use of other cars, which would increase the risk on the insurer without increasing the premium of the insured. (See cases cited in Annot. (1962) 86 A.L.R.2d 937, 940 and 13 Couch on Insurance (2d ed. 1965) § 45:1052.) Thus, the clause excludes
The judgment is affirmed.
Kaus, P. J., and Ashby, J., concurred.
A “temporary substitute automobile” is defined in the policy, but “regular use” is not. The parties do not dispute the trial court’s finding that the Cadillac was not a temporary substitute automobile.
Defendant in its research doubtless discovered the jurisdictional split as to whether this sort of exclusionary clause, also known as a “drive other cars” provision, is ambiguous or not. (See Annot. (1962) 86 A.L.R.2d 937, 943-944; 13 Couch on Insurance (2d ed. 1965) § 45:1051.) Although California is among those states which have found a part of the clause unclear, a closer look at our cases reveals that other words in the provision, and not “regular use,” have been ruled uncertain. (Island v. Fireman’s Fund Indemnity Co. (1947) 30 Cal.2d 541 [184 P.2d 153, 173 A.L.R. 896] [“member of household”]; Comunale v. Traders & General Ins. Co. (1953) 116 Cal.App.2d 198 [253 P.2d 495] [“household”]; Juzefski v. Western Cas. & Surety Co. (1959) 173 Cal.App.2d 118 [342 P.2d 928] [“household”]. Moreover, recent cases have refuted a claim of ambiguity as to the “member of household” portion of the “drive other cars” provision where its definition can be ascertained. (California State Auto. Assn. Inter-Ins. Bureau v. Hoffman, supra, 11 Cal.App.3d 768, 775; Allstate Ins. Co. v. Smith (1970) 9 Cal.App.3d 898 [88 Cal.Rptr. 593]; Northwestern National Casualty Co. v. Davis (1979) 90 Cal.App.3d 782 [153 Cal.Rptr. 556].)
These cases, in chronological order, are: Kindred v. Pacific Auto. Ins. Co. (1938) 10 Cal.2d 463 [75 P.2d 69] [regular use], Pacific Auto Ins. Co. v. Lewis (1943) 56 Cal.App.2d 597 [132 Cal.Rptr. 846] [no regular use], Northwest Casualty Co. v. Legg (1949) 91 Cal.App.2d 19 [204 P.2d 106] [regular use], Comunale v. Traders & General Ins. Co., supra, 116 Cal.App.2d 198 [no regular use], Juzefski v. Western Cas. & Surety Co., supra, 173 Cal.App.2d 118 [no regular use], Safeco Ins. Co. v. Thomas (1966) 244 Cal.App.2d 204 [52 Cal.Rptr. 910] [no regular use], and Truck Ins. Exch. v. Wilshire Ins. Co. (1970) 8 Cal.App.3d 553 [87 Cal.Rptr. 604] [no regular use], (See also Annot. (1962) 86 A.L.R.2d 937 and Later Case Service; 13 Couch on Insurance (2d ed. 1965) § 45:1050-1065.)
Reference
- Full Case Name
- HIGHLANDS INSURANCE COMPANY, and v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, and
- Cited By
- 1 case
- Status
- Published