Gomez v. Alliance United Ins. Co. CA1/5
Plaintiff Lucia Gomez (Gomez) was injured and her mother, Ann Gomez (decedent), was killed when the car Gomez was driving was hit by a car driven by Manuel Ramos. Five days before the accident, Ramos was able to purchase his car from a dealership and obtain automobile liability insurance coverage through defendant Alliance United Insurance Company (Alliance) despite having no driver’s license. Gomez sued Alliance for common law negligence and wrongful death, alleging that Alliance breached a duty of care to her by issuing a policy of insurance to Ramos even though Alliance knew he was unlicensed. The trial court concluded that Alliance did not have a common law duty of care to determine that Ramos was licensed before issuing him a policy, and Alliance’s demurrer to the third amended complaint was sustained without leave to amend. Gomez appeals from the judgment in favor of Alliance. We affirm.
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