Gallina v. Explorer Ins. Co.
Filed 5/19/06 Gallina v. Explorer Ins. Co. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
SEAN G. GALLINA, Plaintiff and Appellant, v. EXPLORER INSURANCE COMPANY, Defendant and Respondent. | B183050 (Los Angeles County Super. Ct. No. KC 043946) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Peter J. Meeka, Judge. Affirmed.
Oddenino & Gaule and John V. Gaule for Plaintiff and Appellant.
Selman Breitman, Alan B. Yuter and Jennifer Revitz for Defendant and Respondent.
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A car driven by Vanessa Coronel struck a vehicle in which Deborah Gallina was a passenger, killing the latter. Coronel's vehicle, owned by Vanessa's father Fernando Coronel, was insured by respondent Explorer Insurance Company. Appellant Sean Gallina, Deborah's son, filed an action against Fernando and Vanessa Coronel, which was settled when Fernando and Vanessa stipulated, respectively, to judgments of $15,000 and $90,000. In return for appellant's promise not to execute on the judgments, Fernando and Vanessa assigned their claims against Explorer to appellant. Appellant sued Explorer on the assigned causes of action. Explorer moved for summary judgment contending, among other things, that Vanessa had been explicitly excluded from the policy covering the Coronel vehicle. The trial court granted the motion, and we affirm.
FACTS
Fernando and Maria Coronel applied for, and entered into, an automobile insurance policy with Explorer on January 4, 1997. The policy lists only Fernando and Maria as drivers. A separate section of the policy requiring the listing of all children in the household younger than 15 1/2 names Vanessa Coronel and Korina Coronel, whose respective dates of birth are January 22, 1982 and October 3, 1983.
The policy has a section entitled â€
