Facts

On Oct. 15, 2004, an automobile accident occurred on Taft Highway 119 between Gloria Navarro and a truck driver Guillermo Mena. The accident occurred during an annual DARE "Fright Night" fundraising event which took place in a corn field maze on private property just south of Taft Highway 119. The entrance to the Fright Night parking lot was on Buena Vista Road, approximately 0.2 miles from the accident site; and the exit parking lot had a right turn only sign, and allowed cars to exit eastbound onto Taft Highway 119.

A white van was traveling eastbound on Taft Highway 119 and started merging to the right shoulder, toward the exit for the Fright Night parking lot. A Bakersfield Police Officer motioned to the white van to continue traveling eastbound. Mena saw the white van ahead of him, and started to apply his brakes. Mena's tractor-trailer jackknifed, causing the tractor to enter the westbound lane of Taft Highway 119, colliding with Navarro's car.

The Navarro family filed a lawsuit against Mena for negligence, and the City of Bakersfield dba DARE Inc. for creating a dangerous condition on the highway.

DARE Inc. had insurance for the Fright Night event through Essex Insurance Company. The insurance policy excluded bodily injury or property damage arising out of, caused by or contributed to by the ownership, non-ownership, maintenance, use or entrustment to others of any auto.

Essex Insurance Company disclaimed any obligation to defend or indemnify the city in the Navarro lawsuit, based upon the application of the aircraft, auto or watercraft exclusion. Essex then filed a suit for declaratory relief on this issue.

PLAINTIFF'S CONTENTIONS:
Essex contended that the Navarro claim was excluded under the applicable insurance policy, because the bodily injury or property damage arose out of and was solely caused by the use of an automobile.

DEFENDANT'S CONTENTIONS:
The city contended that the exclusion should not apply, because the city was not using an automobile at the time of the incident, and the city's negligence, if any, was unrelated to the use of an automobile.

Result

Summary judgment was granted in favor of Essex Insurance Company. The court found that Essex did not owe any duty or obligation to defend or indemnify defendants City of Bakersfield or DARE Inc. under an insurance policy, in connection with litigation captioned Navarro, et al. v. Fulamex I, et al., Kern County Superior Court Case number S-1500-CV-254712. The court also found that Essex' policy and its exclusions and endorsements thereto, did not provide coverage for bodily injury or property damage arising out of, caused by or contributed to by the ownership, non-ownership, maintenance, use or entrustment to others of any automobile.