United States District Court, C.D. California
James V. Selna Judge.
DECLARATORY JUDGMENT AFTER ORDER GRANTING IDS
PROPERTY CASUALTY INSURANCE COMPANY'S MOTION FOR SUMMARY
JUDGMENT ON COMPLAINT
J Guilford United States District Court Judge.
Court, having entered its order granting Plaintiff IDS
Property Casualty Insurance Company's motion for summary
judgment [Doc. #39];
Property Casualty Insurance Company ("IDS") is a
Wisconsin corporation with its principal place of business in
Wisconsin. Defendant Tiffany Chow is a resident of the State
of California. At issue is Ms. Chow's claim for
underinsured motorist benefits of $150, 000.
February 9, 2018, Ms. Chow suffered injuries as a passenger
in a single-vehicle accident. The vehicle was insured by AAA
which paid her its liability limit of $100, 000.
the time of the accident, Ms. Chow had her own automobile
insurance policy issued by Safeway Insurance Company. The
Safeway policy did not provide uninsured or underinsured
the time of the Accident, IDS had issued automobile insurance
policy no. AI03299713 to Sabrina Chen and Larry Chen
("the Policy"). IDS understands Sabrina Chen is Ms.
Chow's mother. The Policy provides liability and
uninsured motorist coverage for an "insured" with a
"per person" limit of $250, 000.
Policy obligates IDS to "pay compensatory damages which
an 'insured' is legally entitled to recover from the
owner or operator of an 'uninsured motor vehicle'
because of: 1. 'Bodily injury' sustained by an
'insured' and caused by accident . . . ."
Policy defines "uninsured motor vehicle" to include
"an underinsured motor vehicle. An underinsured motor
vehicle is one to which a liability bond or policy applies at
the time of the accident but its limit for bodily injury
liability is less than the limit of liability for this
Policy defines "insured" as "you
[i.e., Ms. Chen, as the named insured] or a
'relative.'" "Relative" is defined as
"a person related to you by blood, marriage, registered
domestic partnership under California law or adoption who is
a resident of your household and whom you have previously
reported to us. This includes a ward or foster child."
After the Accident, Ms. Chow presented an underinsured
motorist claim under the Policy. In presenting the claim, Ms.
Chow represented that she was Ms. Chen's daughter and was
residing in her household. Ms. Chow contends she was residing
in Ms. Chen's household - at 129 Painted Trellis, Irvine,
CA 92620 - even though Ms. Chow's own policy, with
Safeway, showed her residence address as 19492 Sierra Raton
9. In a
phone call on November 28, 2017, Ms. Chen told IDS:
"[Tiffany] is not going to live with me anymore."