City of San Buenaventura v. Allianz Insurance

Opinion

GILBERT, J.

Police from the City of San Buenaventura (City) arrest the driver of a van for driving under the influence. The police call the van’s owner, who authorizes the passenger to take the van. The police release the van to the passenger who drives away and gets in an accident, injuring a third party. The victim sues the City, claiming the police were negligent in allowing the passenger to drive the van.

Is the City covered under the van owner’s insurance policy? No. We affirm the trial court’s decision that the City is not covered and that neither the “permissive use” provision nor…