No Potential For Liability Under Homeowners Insurance Policy.

An insurance exchange petitioned the Court of Appeal for a writ of mandate directing the trial court to set aside its order denying its motion for summary adjudication in its action for declaratory relief on the ground there was no potential for coverage under a homeowners insurance policy. The same insurer also issued the homeowners a vehicle policy. The granddaughter of the homeowners, younger than two years old, was killed in the driveway when one of the homeowners ran over her. The homeowner’s daughter filed a wrongful death action against him for causing the death of his granddaughter. The insurer moved for summary adjudication on the ground there was no potential for coverage. The plaintiffs argued the decedent’s grandmother was independently liable for the baby’s death because he placed her in a “zone of danger” by permitting her to leave the house to go into the driveway. The trial court denied the insurer’s motion. The appellate court concluded the insurer “had no liability under the homeowners insurance policy as a matter of law and was entitled to summary adjudication.” (Farmers Insurance Exchange v. Sup. Ct. (Bautista) (Cal. App. Second Dist., Div. 7; October 28, 2013) 220 Cal.App.4th 1199, [163 Cal.Rptr.3d 609].