From Casetext: Smarter Legal Research

Arenson v. Nat. Automobile & Cas. Ins. Co.

Supreme Court of California
Aug 15, 1955
45 Cal.2d 81 (Cal. 1955)

Summary

holding that holder of personal liability insurance policy was entitled to coverage for liability arising from intentional act of minor son even though policy defined "insured" as including family members and contained an exclusion for intentional acts by "the insured" because it was not "conspicuous, plain and clear" that exclusion applied to insured who had not committed intentional act

Summary of this case from AXA ROSENBERG GROUP v. GULF UNDERWRITERS

Opinion

Docket No. L.A. 23232.

August 15, 1955.

APPEAL from a judgment of the Superior Court of Los Angeles County. Wallace L. Ware, Judge. Reversed.

William Katz for Appellant.

Parker, Stanbury, Reese McGee and Charles Agor Harrison for Respondent.


Plaintiff, holder of a personal liability insurance policy issued by defendant company, brought this action for a declaration of his rights and a determination of defendant's liability under the policy. The court concluded that defendant was not liable, and judgment was entered accordingly.

The policy was issued to plaintiff as the named insured, and stated that "The unqualified word `insured' includes (a) the named insured, (b) if residents of his household, his spouse, the relatives of either, and any other person under the age of twenty-one in the care of an insured. . . ." Defendant agreed to pay all sums up to $10,000 which the insured should become obligated to pay by reason of liability imposed upon him by law, including damages for injury to property, and to defend any suit brought against him in which such injury was alleged. One exclusion provision read, "This policy does not apply: . . . (c) to injury, sickness, disease, death or destruction caused intentionally by or at the direction of the insured. . . ."

Plaintiff's minor son started a fire which injured school property, and the school district obtained a judgment against plaintiff for the amount of the damage. The insurance company refused to defend the suit or to pay the amount of the judgment, claiming that the injury was caused intentionally by an insured and therefore came within the exclusion provision.

Section 16074 of the Education Code provides in part: "Any pupil who wilfully cuts, defaces, or otherwise injures in any way any property, real or personal, belonging to a school district is liable to suspension or expulsion, and the parent or guardian shall be liable for all damages so caused by the pupil. . . ."

[1a] The company takes the position that the words "the insured," appearing in the provision which excludes liability for injuries "caused intentionally by or at the direction of the insured," refer to a class composed of all those covered by the policy, so that none of them may recover where an injury is caused intentionally by any member of the class. Plaintiff, on the other hand, contends that the exclusion provision does not preclude an insured who has not participated in an intentional injury from being indemnified against liability for an injury intentionally committed by another insured and, furthermore, that there is nothing in the record here which discloses that the son's act was intentional. We have concluded that the policy protects the named insured against liability for intentional injury committed by another insured, and, accordingly, it will be unnecessary to consider whether the son's act was in fact intentional.

[2] The understanding of an ordinary person is the standard used in construing a contract of insurance, and any ambiguity in language must be resolved against the insurer. ( Ransom v. Penn. Mut. Life Ins. Co., 43 Cal.2d 420, 424-425 [ 274 P.2d 633].) [3] It is also the rule that exceptions and exclusions are construed strictly against the insurer and liberally in favor of the insured. ( Mah See v. North American Acc. Ins. Co., 190 Cal. 421, 424-425 [ 213 P. 42, 26 A.L.R. 123]; Pacific Heating Ventilating Co. v. Williamsburg City Fire Ins. Co., 158 Cal. 367, 369-370 [ 111 P. 4].)

[4] It has been held that an exclusion provision similar to the one involved here is reasonably understood as designed to prevent indemnifying one against loss from his own wrongful acts and cannot be construed to exclude coverage for the wilful acts of another in the absence of a clear expression showing such intent. ( Western Cas. Sur. Co. v. Aponaug Mfg. Co., 197 F.2d 673, 674; Morgan v. Greater New York Taxpayers Mut. Ins. Assn., 305 N.Y. 233 [ 112 N.E.2d 273, 275].) [5] This construction is further supported by decisions which hold that a policy extending coverage to several persons creates several obligations on the part of the insurer, so that a particular insured is not precluded from recovering merely because the claim of another insured is barred under the terms of an exclusion provision. ( Hoyt v. New Hampshire Fire Ins. Co., 92 N.H. 242 [ 29 A.2d 121, 123, 148 A.L.R. 484]; Wenig v. Glens Falls Indem. Co., 294 N.Y. 195 [ 61 N.E.2d 442, 444-445]; Pratt v. Hanover Fire Ins. Co., 50 R.I. 203 [ 146 A. 763, 764-765].)

[1b] Plaintiff, the named insured, would obviously not be excluded from coverage for the wilful acts of his son if the clause defining additional insured persons did not appear in the policy. That clause was intended to benefit plaintiff by broadening coverage, and its purpose would be defeated if coverage were restricted by using the clause to construe the exclusion provision favorably to defendant company. ( Cf. Western Cas. Sur. Co. v. Aponaug Mfg. Co., 197 F.2d 673, 674; Morgan v. Greater New York Taxpayers Mut. Ins. Assn., 305 N.Y. 233 [ 112 N.E.2d 273, 275].)

[6] Section 533 of the Insurance Code, which codifies the general rule that an insurance policy indemnifying the insured against liability due to his own wilful wrong is void as against public policy, has no application to a situation where the plaintiff is not personally at fault.

Section 533 of the Insurance Code provides: "An insurer is not liable for a loss caused by the wilful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured's agents or others."

[7] Plaintiff is entitled to recover the principal amount of the judgment against him with interest together with court costs and attorneys' fees properly incurred by him in defense of the school district's claim. (Civ. Code, § 2778; see Security Bldg. Loan Assn. v. Maryland Cas. Co., 6 Cal.App.2d 77, 79-80 [ 44 P.2d 370]; United States Fid. Guar. Co. v. Smith, 97 Cal.App. 492, 497-498 [ 275 P. 878].)

The judgment is reversed.

Shenk, J., Edmonds, J., Carter, J., Traynor, J., and Schauer, J., concurred.


Summaries of

Arenson v. Nat. Automobile & Cas. Ins. Co.

Supreme Court of California
Aug 15, 1955
45 Cal.2d 81 (Cal. 1955)

holding that holder of personal liability insurance policy was entitled to coverage for liability arising from intentional act of minor son even though policy defined "insured" as including family members and contained an exclusion for intentional acts by "the insured" because it was not "conspicuous, plain and clear" that exclusion applied to insured who had not committed intentional act

Summary of this case from AXA ROSENBERG GROUP v. GULF UNDERWRITERS

In Arenson v. National Automobile Casualty Insurance Co., 45 Cal.2d 81; 286 P.2d 816 (1955), an insured under a general liability policy had a judgment obtained against him for damages caused when his minor son started a fire which injured school property.

Summary of this case from Dart Industries v. Liberty Mutual Insurance

In Arenson v. National Auto. and Cas. Ins.Co., 45 Cal.2d 81, 286 P.2d 816, 817 (1955), the named insured's minor son started a fire that damaged a school.

Summary of this case from Property Casualty Co. of MCA v. Conway

In Arenson, and in the instant case claim was made by an insured who is legally responsible for property damage he did not intentionally commit.

Summary of this case from Safeco Ins. Co. of America, Inc. v. McKenna

In Arenson v. National Automobile Cas. Ins. Co.,supra, 45 Cal.2d 81, 83, this court stated that "The understanding of an ordinary person is the standard used in construing a contract of insurance, and any ambiguity in language must be resolved against the insurer.

Summary of this case from Prickett v. Royal Ins. Co.

In Arenson v. National Auto. Cas. Ins. Co., supra, 45 Cal.2d 81, the named insured's minor son intentionally set fire to school property.

Summary of this case from Home Savings of America v. Continental Ins. Co.

In Arenson, the named insured's minor son started a fire which damaged school property; the school district obtained a judgment against the named insured for the damage.

Summary of this case from National Union Fire Ins. Co. v. Lynette C.

In Arenson, the purpose of the exclusionary clause was to prevent an insured from recovering for his own intentional wrongdoing, but the policy nevertheless protected an insured from liability for intentional harm committed by another insured. Arenson did not, however, by its holding or analysis "create an independent basis of coverage for an activity excluded by the terms of the insurance policy."

Summary of this case from Dyer v. Northbrook Property & Casualty Ins. Co.

In Arenson, supra, the California Supreme Court dealt with the liability of a parent for the intentional tort (arson) of the parent's child.

Summary of this case from Fireman's Fund Ins. Co. v. City of Turlock

In Arenson v. Nat. Automobile Cas. Ins. Co. (1955) 45 Cal.2d 81, 83 [ 286 P.2d 816], an insured father was entitled to coverage when held liable for "the amount of damage" sustained by a school district as a result of his minor son's starting a fire.

Summary of this case from California State Auto. Assn. Inter-Ins. Bureau v. Carter

In Arenson, the court held that policy language in a personal liability policy, which excluded "... injury... or destruction caused intentionally by or at the direction of the insured...," did not preclude coverage of the father's liability for a fire intentionally set by his son.

Summary of this case from Hartford Fire Ins. Co. v. Superior Court

In Arenson v. National Auto. Cas. Ins. Co., supra, 45 Cal.2d 81, 84, the court said, "Section 533 of the Insurance Code... has no application to a situation where the plaintiff is not personally at fault."

Summary of this case from Nuffer v. Insurance Co. of North America
Case details for

Arenson v. Nat. Automobile & Cas. Ins. Co.

Case Details

Full title:IRVING ARENSON, Appellant, v. NATIONAL AUTOMOBILE AND CASUALTY INSURANCE…

Court:Supreme Court of California

Date published: Aug 15, 1955

Citations

45 Cal.2d 81 (Cal. 1955)
286 P.2d 816

Citing Cases

National Union Fire Ins. Co. v. Lynette C.

(3) The words used in an insurance policy are construed in their ordinary and popular sense. ( Arenson v.…

Comunale v. Traders & General Ins. Co.

See Civ.Code, §§ 953, 954, 1458. 6 See 6 C.J.S. Assignments § 31, p. 1080. 7 Code Civ.Proc. §§ 312, 337. 8 28…