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HAYNES v. FARMERS INSURANCE EXCHANGE

No. G028171.

115 Cal.Rptr.2d 747 (2002)

95 Cal.App.4th 588

Joshua Lee HAYNES, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

Review Granted May 1, 2002.

Attorney(s) appearing for the Case

James C. Caviola, Jr., Huntington Beach, and Jean Ballantine, Los Angeles, for Plaintiff and Appellant.

Chapin Shea McNitt & Carter, Richard D. Carter, San Diego, and Robin James, for Defendant and Respondent.

OPINION

RYLAARSDAM, Acting P.J.

Joshua Lee Haynes sued Farmers Insurance Exchange for declaratory relief. He contended that a provision in an automobile liability policy limiting coverage for permissive users should not be enforced because the clause is inconspicuous and vague. The trial court granted defendant's motion for summary judgment, determining the limitation was enforceable. Although plaintiff initially filed a dismissal of the action with prejudice...

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