Crockett
State Farm Mutual Automobile Insurance v. Crockett
Opinion
Opinion
Newsom, J.
The present appeal is from a declaratory judgment of the Superior Court of Contra Costa County finding and declaring no uninsured motorist coverage existed in favor of appellants as against respondent State Farm Mutual Automobile Insurance Company.
The undisputed facts show that Laura and John Crockett (appellants or the Crocketts) are residents of Contra Costa County, State of California, who, while visiting Hawaii in December of 1976, leased from Budget-Rent-A-Car a 1975 Volkswagen automobile.
On December 18, on the Island of Kauai, the Crockett vehicle collided with a Datsun owned by Dr. Robert Hamblin and driven with permission by his son, Peter.
Both vehicles were fully insured under Hawaiian law, carrying the minimum required $25,000 bodily liability coverage. Hawaii had enacted at that time a scheme of “no fault” insurance under which reparation for injuries and losses such as those which occurred here was made without regard to liability. The right to sue for damages for any person whose medical expenses did not exceed $1,500 was abolished. The Crocketts—additional insureds under their lessors’ policy—fell into this category, and were thus precluded from filing…