St. Paul Fire & Marine Insurance v. Roebbelen Construction, Inc.
Opinion of the Court
MEMORANDUM
Because the parties are familiar with the pertinent facts, we do not state them here.
In order to be covered under the policy’s omnibus clause, Michael Thuleen needed to receive express or implied permission to operate the vehicle from Roebbelen Co., the owner of the car. Baker v. Liberty Mutual Ins. Co., 143 F.3d 1260, 1263 (9th Cir. 1998) (applying California law and holding that permission must come from both the owner and initial permittee); Sandoval v. Mercury Ins. Group, 229 Cal.App.3d 1, 9, 278 Cal.Rptr. 533 (1991) (noting that “the cases have never suggested that [the] need [to provide a recovery for innocent victims] should be fulfilled by finding coverage without regard to the conduct and expectations of the owner”).
Roebbelen did not impliedly permit Thuleen’s use of the car.
Crawford’s reliance on Jordan v. Consolidated Mutual Ins. Co., 59 Cal.App.3d 26, 130 Cal.Rptr. 446 (1976) is misplaced. Jordan concerned the scope of the permission granted. The issue here is whether Thuleen ever had any permission from Roebbelen to drive the car. He did not, and is therefore not covered under the policy.
The “Drive Other Car” endorsement does not apply to cars owned by the insured. Roebbelen owned the car driven by Thuleen. We do not find the endorsement ambiguous.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The parties agree that Roebbelen did not expressly permit Thuleen's use of the car.
Reference
- Full Case Name
- ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff—Appellee v. ROEBBELEN CONSTRUCTION, INC. Roebbelen Engineering, Inc. Michael D. Thuleen Permanent General Assurance Corporation, and David W. Crawford, Defendant—Appellant
- Status
- Published