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California Casualty Indemnity Exchange v. Frerichs9/21/1999
CERTIFIED FOR PUBLICATION
(Sutter)
APPEAL from a judgment of the Superior Court of Sutter County. Christopher Chandler, Judge. Reversed.
This is an appeal from a judgment in an action for declaratory relief brought by plaintiff California Casualty Indemnity Exchange (California Casualty) concerning the interpretation of a policy of homeowners insurance.
The defendant was injured by Paul Hudson (Hudson), the adult son of the homeowners, the named insureds on a policy issued by California Casualty. At issue is whether Hudson is also an insured for purpose of the coverage clause of the policy. The judgment declares that Hudson, who was housesitting during his parents' vacation, is a "resident of [their] household" and hence within the definition of an insured under the policy.
The term "resident of [their] household" is used to define an additional insured under both liability coverage and exclusion clauses of the policy and there is nothing to show the meaning changes with the location. In general, coverage clauses are construed broadly and exclusion clauses narrowly against the insurer to protect the reasonable expectations of the named insured. These rules have no application here because they conflict, even on the view the named insureds expect coverage for their relative. In this circumstance we give "resident of [their] household" its ordinary meaning as to dwell permanently or for a considerable length of time.
Since Hudson does not fit that construction, we will reverse the judgment.
FACTS AND PROCEDURAL BACKGROUND
On July 26, 1996, Hudson (age 41 at trial) was staying at his parents' house in Yuba City because they were on vacation for two or two and one-half weeks. That day, while riding his bicycle from the restaurant where he worked to his parents' house, he collided with a pedestrian, Frerichs, allegedly injuring her wrist.
His parents bought the house about four years earlier. The California Casualty homeowners policy in issue was purchased through a mortgage impound account. His mother, Darlene Hudson, testified she had never read the policy.
As will appear in the Discussion, the term "residents of your household" defines an additional insured in both liability coverage and exclusion clauses of the policy.
Hudson came to Yuba City in November 1993 and lived full- time with his parents until November 1995. He testified that thereafter he did not have a "full-time residence." "I stayed at friend's houses, women that I slept with, friends of mine, guys that were friends where I would stay while I was looking for an apartment." Pressed for details, he maintained: "I can't tell you exactly but there were different women that I saw. I would stay at their house. There were friends of mine, I would crash on their couch and occasionally I would return home and stay at my parents'."
When asked by a police officer for his home address and telephone number at the accident scene he provided his parents' address and telephone number. He also gave that as his home address and telephone number when he applied for his employment in May 1996. He sometimes had an item of his mail delivered at his parents' home throughout the pertinent time period.
During the time he was housesitting he kept most of his personal possessions in his car, parked nearby. No room in the house was reserved for his use; he slept in the spare bedroom, or on the couch in the living room.
On June 5, 1998, California Casualty filed a complaint for declaratory relief commencing this action. The complaint names Frerichs and Hudson as defendants. It allege
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