Fear Not Law Articles: State Farm Genera. Ins. v. J.R.

State Farm Genera. Ins. v. J.R.

Filed 8/31/06 State Farm Genera. Ins. v. J.R. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sutter)

----

STATE FARM GENERAL INSURANCE COMPANY,

Plaintiff and Respondent,

J.R. et al., Minors, etc., et al.,

Defendants and Appellants.

C050330

(Super. Ct. No. CVCS040723)

Appellants J.R and C.R. are children who were sexually molested by the minor son of Becky F., their family daycare home provider. In this action State Farm General Insurance Company (State Farm) obtained a declaration of no coverage for appellants' claim under a homeowners' insurance policy it issued to Becky F. The trial court's no coverage declaration is premised on two grounds: (1) an insurance policy exclusion for claims brought by persons in child care provided by the insured and (2) the prohibition of Insurance Code section 676.1, subdivision (c)^[1] for coverage for â€

Description	Appellants are children who were sexually molested by the minor son of Becky F., their family daycare home provider. In this action State Farm General Insurance Company (State Farm) obtained a declaration of no coverage for appellants' claim under a homeowners' insurance policy it issued to Becky F. The trial court's no coverage declaration is premised on two grounds: (1) an insurance policy exclusion for claims brought by persons in child care provided by the insured and (2) the prohibition of Insurance Code section 676.1, subdivision (c) for coverage for "for losses arising out of, or in connection with, the operation of a family day care home." Appellant appeal contending the trial court erred in granting the declaratory relief in light of the doctrine of liability insurance policy coverage notwithstanding an applicable exclusion when there is multiple independent causation, as explained in State Farm Mut. Auto. Ins. Co. v. Partridge (1973) 10 Cal.3d 94 (Partridge). Court affirm the judgment.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.