Heaton v. Pacific Specialty Ins.
In a previous order in a related mandamus proceeding (Pacific Specialty Insurance Co. v. Superior Court (No. A115688)), we held as a matter of law that the pathogenic organisms exclusion in a mobilehome owners policy defeated coverage for damages for the death of a renter caused by exposure to septic waste bacteria. Accordingly, while expressing no opinion about the validity of the exclusion, we directed the superior court to enter an order granting summary judgment in favor of the insurer in the bad faith action prosecuted by appellant landlords and decedents family.[1] Thereafter appellants moved for a new trial, arguing that the applicable exclusions were not conspicuously disclosed and the policy promised coverage that was illusory. Respondent insurer countered, among other points, that there never was coverage to begin with because the bodily injury clause upon which appellants have relied never extended coverage to residents of the mobilehome. This appeal followed denial of appellants new trial motion. Court conclude that the bodily injury clause precludes coverage in the first instance and accordingly affirm the judgment.
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