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FREUDENBERGER v. ALLSTATE INS. CO.

September 17, 1996

GRACE FREUDENBERGER, VICTOR FREUDENBERGER, Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY and DOES 1-10, inclusive, Defendants.



The opinion of the court was delivered by: GONZALEZ

 Defendant's motion for summary judgment came on regularly for hearing in Courtroom 13 of this Court, the Honorable Irma E. Gonzalez, District Judge, presiding. James A. Testa, Esq. of Testa & Associates appeared on behalf of plaintiffs Grace & Victor Freudenberger. Charles A. Danaher, Esq. of Luce Forward Hamilton & Scripps appeared on behalf of defendant Allstate Insurance Company.

 BACKGROUND

 Judgment creditors Grace and Victor Freudenberger seek through a "direct action" pursuant to Insurance Code § 11580(B)(2) to recover compensatory damages for the alleged breach of an insurance contract that existed between Gordon and Barbara Parker, the parents of judgment debtor Gary Parker, and defendant Allstate Insurance Company ("Allstate"). The following uncontroverted facts gave rise to the instant motion.

 On June 23, 1993, then nineteen-year-old Gary Parker was riding a skateboard while walking his dog along a sidewalk on Carlsbad Boulevard in Carlsbad, California. He collided with plaintiff Grace Freudenberger from behind as she walked down the sidewalk with her husband. As a result of the accident, she was hospitalized and incurred approximately $ 12,000 in medical expenses.

 The Freudenbergers retained an attorney, who wrote a demand letter on August 30, 1993 to Gary Parker and his parents Gordon and Barbara Parker, "respectfully suggesting" that they turn the letter over to their liability insurer, if any, or otherwise face "appropriate legal action." (Memo, Exh. 2). Indeed, on January 10, 1993, Gordon and Barbara Parker had entered into a homeowner's insurance contract with Allstate to insure their home at 2712 Tiburon Avenue, Carlsbad, California. The Parkers therefore forwarded the demand letter to Allstate on September 2, 1993.

 The Parkers' homeowner's policy includes the following provisions:

 
1. "You" or "your" -- means the person named on the declarations page as the insured and that person's resident spouse.
 
3. "Insured Person" means you and, if a resident of your household:
 
a) any relative; and
 
b) any dependent person in your care.

 (Memo, Exh 18 at 3). Gordon and Barbara Parker are the persons named on the declarations page of the policy. Gary Parker is not a named insured. At the time of the accident, Gary Parker:

 
(1) was an emancipated adult under California law; (See Cal. Fam. Code § 6501);
 
(2) had moved out of his parents' house at least six months earlier, and was living in an apartment he had rented in Encinitas, California;
 
(3) was self-supporting in that he paid his own rent, bought his own food, owned and insured his own car, and filed his own taxes;
 
(4) was using the garage of his parents house to store snowboarding and exercise equipment;
 
(5) was using his parents' address as his official mailing address *fn1" because he lived in San Diego during the summer months and in Big Bear, California each ...

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