Legal Opinion

Anderson v. State Farm Insurance

Court of Appeals for the Ninth Circuit

Decided November 3, 2008No. 07-35483Published

1Opinion of the Court

MEMORANDUM **

Linda Anderson appeals the summary judgment entered in favor of State Farm Insurance Co. We affirm.

The “regular use” exclusions at issue apply to passengers. See, e.g., Sears v. Grange Ins. Ass’n, 111 Wash.2d 636, 762 P.2d 1141, 1142-43 (1988), overruled on other grounds, Butzberger v. Foster, 151 Wash.2d 396, 89 P.3d 689 (2004). We think the state supreme court would not require control of the vehicle, as Anderson contends; rather, it would apply the Butzberger factors. 89 P.3d at 697. Under them, MA was “using” her mother’s car. This being so, there is no dispute that MA’s use…

2Cases cited4 opinions

  1. Butzberger v. FosterWashington Supreme Court · 2004
  2. Sears v. Grange Insurance Ass'nWashington Supreme Court · 1988
  3. Hall v. State Farm Mutual Automobile InsuranceCourt of Appeals of Washington · 2006
  4. Barth v. Allstate InsuranceCourt of Appeals of Washington · 1999

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