Hartford Accident & Indemnity Co. v. Jackson

This appeal raises the question whether an uninsured motorist provision in an automobile liability insurance policy provides cov erage for damages caused by a riderless horse. We affirm the trial court’s judgment finding no coverage.

Facts

On November 17, 1975, as defendant was driving his Dodge pickup truck along a Humboldt County highway, he collided with one of two riderless, unbridled horses which appeared suddenly upon the roadway. Almost simultaneously, a Datsun travelling in the opposite direction collided with the other horse following which the two vehicles immediately collided. Defendant was injured, and the driver of the Datsun was killed. On the date of the accident defendant was insured under a Hartford automobile liability insurance policy issued in the name of defendant’s father. The policy (which is not included in the record on appeal) provided uninsured motorist coverage.

On August 23, 1976, the heirs of the deceased driver of the Datsun commenced an action in Humboldt County Superior Court against defendant and the alleged owners of the two horses. Defendant cross-complained against the alleged owners of the horses. Hartford was notified and provided…