Does a policy exclusion for operation of a motor vehicle by an insured exclude an insured parent from coverage?

California, United States of America


The following excerpt is from Safeco Ins. Co. of America v. Robert S., 110 Cal.Rptr.2d 844, 26 Cal.4th 758, 28 P.3d 889 (Cal. 2001):

"Thus," the court observed, "the term `insured' as used in the motor vehicle exclusion refers only to the person claiming [liability] coverage under the policy." (Marnell, supra, 398 Mass. 240, 496 N.E.2d 158, 161, italics added.) Because the insured parents neither owned nor operated the accident vehicle, the court reasoned, the exclusionary clause could not bar their claim for coverage. (Ibid.; see also Shamban v. Worcester Ins. Co. (1999) 47 Mass.App.Ct. 10, 710 N.E.2d 627, 630 [in homeowners' policy with severability clause, policy exclusion for operation of motor vehicle by "an" insured did not bar coverage of parents sued for negligent supervision of coinsured son, who caused injury while riding his dirt bike].)

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