Orinda, CA asked in Insurance Bad Faith and Insurance Defense for California

Q: Under Insurance contracts required to conform to cal statues change insurance contract exclusion provision of ownership

Are Insurance contract, that state "all provisions of this contract amend to conform with statues of the state", and used an exclusions of "actual or beneficial ownership" to deny coverage, changed under cal statuary laws that define the transfer of the actual or beneficial owner as outlined under CVC 5600(a) "transfer of any interest or title of any veh. can not pass without.......1,2,3,4" as defined in CVC 5600(a) ?

1 Lawyer Answer
William John Light
William John Light
  • Insurance Claims Lawyer
  • Riverside, CA
  • Licensed in California

A: No one can answer without reading the policy, knowing the facts underlying the claim, and reading the declination letter from the insurer. However, "actual ownership" under the meaning of the policy is probably the meaning set forth in Vehicle Code 5600(a).

A beneficial owner is occurs where property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 508); Willard H. George, Ltd. v. Barnett (1944) 65 Cal. App. 2d Supp. 830.

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