What is the test for enforcement of exclusion (h) in a motor vehicle accident insurance policy?

Appellant contends that enforcement of exclusion (h) should be denied because public policy dictates that insurers provide coverage for vendors of alcoholic beverages who serve such beverages to intoxicated persons who injure others on the highways of our state. Appellant contends that this public policy is evidenced by the decisions in Vesely v. Sager, supra, 5 Cal.3d 153, 95 Cal.Rptr. 623, 486 P.2d 151 and Bernhard v. Harrah's Club (1976) 16 Cal.3d 313, 128 Cal.Rptr. 215, 546 P.2d 719. Such a contention is [101 Cal.App.3d 991] without merit. We construe those cases as merely recognizing a cause of action against the vendors of alcoholic beverages and not as mandating that insurers must provide coverage for such vendors in every insurance policy.

Whether respondent's motion for summary judgment should have been denied as either untimely or premature.