Baggett

United Services Automobile Assn. v. Baggett

Good Law
1989 Cal. App. LEXIS 391·209 Cal. App. 3d 1387·258 Cal. Rptr. 52
Court of Appeal of CaliforniaApril 26, 1989H003239California3,672 words

Opinion

Opinion

Agliano, J.

1. Introduction

Plaintiff United Services Automobile Association (insurer) filed this action against defendants Harry Baggett (insured) and Christina and Hyun Ku Lee (heirs) seeking a declaration of insurer’s obligation under an automobile insurance policy. Heirs had filed an underlying action against insured and another driver for the wrongful death of their decedent and for damage to decedent’s car following two consecutive automobile collisions. Here insured and heirs appeal from a judgment favoring insurer. They specifically challenge a summary adjudication that “only one automobile accident occurred within the meaning of said insurance policy.” Heirs also challenge a determination after a court trial that the policy unambiguously limits maximum bodily injury coverage to $100,000 per person and $300,000 total per accident.

Insured and heirs assert either there were two accidents according to the policy’s limits of liability or these policy provisions are ambiguous and should be interpreted to provide the higher coverage reasonably expected by insured. We reject their contentions and affirm the judgment.

2. Undisputed facts

The following facts emerge as undisputed…

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