Capelletti v. Infinity Ins. Co.
Plaintiff Catherine Cappelletti (appellant) appeals from the judgment entered following the trial court’s order sustaining a demurrer filed by defendant Infinity Insurance Company (respondent). Among other things, appellant contends the court erred because respondent was required to specifically draw her attention to a crime exclusion in a car insurance policy it issued to appellant. We affirm.
Background[1]
In May 2010, appellant’s parents, on her behalf, applied to respondent for an automobile insurance policy. They applied over the internet using Incorporated Insurance Services, which acted both as respondent’s agent and as appellant’s “attorney-in-fact†in executing the insurance application (Application) on her behalf.
The Application required the acknowledgment of various disclosures. Among other things, the Application stated, “If this policy is a physical damage only policy I understand that: [¶] 17. This policy WILL NOT SATISFY ANY FINANCIAL RESPONSIBILITY LAW, AND DOES NOT PROVIDE ANY LIABILITY INSURANCE and has no provision to indemnify loss sustained by third parties. [¶] 18. No coverage will be provided for any loss while my insured vehicle is being operated by someone who is using the vehicle in the commission of a crime, including driving under the influence of alcohol or a controlled substance.†(Boldface in original.)
Respondent issued a policy (Policy) to appellant. By the terms of the Application, the Application became part of the Policy. The Policy was not a physical damage only policy; it provided liability coverage as well as coverage for damage to appellant’s car. As relevant in the present case, the Policy excluded coverage for damage to appellant’s car “[w]hile the insured auto is being used in the commission of a crime.†(Boldface omitted.) The Policy defined “crime†as “any act, which under the laws of California, is a felony. Crime shall also include any attempt to elude law enforcement personnel and driving under the influence of alcohol or while intoxicated or under the use of any controlled substance.†(Boldface omitted.)
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