Pabitzky

Plaintiffs appeal from judgments (orders of dismissal) entered after orders sustaining without leave to amend demurrers to their fifth amended complaint.

The facts are simple. Plaintiff, William Pabitzky, was insured by defendant State Farm Mutual Automobile Insurance Company (State Farm) under a policy written by that company’s agent, defendant Norv Frager. In the early morning of July 30, 1980, plaintiffs were severely injured in an automobile collision with a vehicle driven by Lance Kiss, an uninsured driver. They sued Mr. Frager and State Farm, on the theory (stated in several causes of action) that Frager had breached his duty to them by not advising them to carry uninsured motorist insurance in an amount greater than the statutory minimum. Plaintiffs tried, through five versions, to state a cause of action until their sixth attempt (fifth amended complaint) suffered demurrers sustained without leave to amend. They have appealed; we affirm.

I

As cases have held, the purpose of the uninsured motorist statute is not to make all drivers whole from accidents with uninsured drivers, but to make sure that drivers injured by such drivers are protected to the extent that…