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CITY OF LOS ANGELES v. ALLIANZ INS. CO.

No. B167676.

22 Cal.Rptr.3d 716 (2004)

125 Cal.App.4th 287

CITY OF LOS ANGELES, Plaintiff and Appellant, v. ALLIANZ INSURANCE CO., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Eight.

Review Denied March 23, 2005.

Attorney(s) appearing for the Case

Young & Nichols, Steve W. Nichols and Todd Gall; Shernoff Bidart & Darras, Michael J. Bidart and Jeffrey Isaac Ehrlich, Claremont, for Plaintiff and Appellant.

Hager & Dowling and John V. Hager, Santa Barbara, for Defendants and Respondents.

BOLAND, J.

SUMMARY

This case presents the question whether a shipper, who directs the loading of a truck on its premises and is to that extent a "user" of the truck, is also a "borrower" of the truck, and therefore an "insured" under the provisions of the trucking company's insurance policy. We conclude the shipper did not exercise the requisite dominion and control over the truck to qualify as a borrower under the terms of the policy.

FACTUAL AND...

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