State Farm Fire & Casualty v. Camara
California Court of Appeal
133 Cal. Rptr. 600 (1976)
- Written by Noah Lewis, JD
Facts
Cheryl DeBoer (plaintiff) was riding in a dune buggy driven by her brother-in-law, Frank Camara (defendant). The vehicle overturned after leaving a fire-protection road and turning onto a steep hillside at a point that was used to skid logs downhill. DeBoer was injured and recovered $100,000, the limit under Camara’s automobile insurance policy. DeBoer filed suit against Camara seeking recovery under Camara’s homeowner’s policy with State Farm Fire & Casualty Co. (State Farm) (defendant), which had $50,000 in negligence coverage. DeBoer argued the dune buggy was likely to overturn because in converting it from his 1970 Volkswagen, Camara had negligently designed, constructed, and assembled the vehicle. The policy excluded coverage for bodily injury arising out of the ownership, maintenance, operation, or use of any motor vehicle. State Farm filed a declaratory-judgment action seeking a judgment that it was not responsible under the homeowner’s policy. The trial court found that the policy did not apply. DeBoer appealed.
Rule of Law
Issue
Holding and Reasoning (Paras, J.)
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