Mrozek

State Farm Mutual Automobile Insurance Company sued its insured, Glynice Ann Mrozek, for declaratory relief, to deny arbitration to her under the uninsured motorist insuring provisions of her policy with the company. State Farm prevailed below. Mrozek appeals the judgment. We reverse on the ground there is coverage under the policy.

Shortly after midnight, November 27, 1969, Mrozek was sleeping in her sleeping bag in the sand dunes of Imperial County, about one-fourth mile off the highway. State Farm alleges “an uninsured motorist operating a dune buggy” struck and injured Mrozek. She is said to be permanently paralyzed.

In her brief, Mrozek ably states the issue and argument, in part, thusly:

“[T]he issue in the trial court and on appeal is whether . . . dune buggies used off public highways are considered uninsured motor vehicles under Section 11580.2 of the California Insurance Code. ‘Uninsured motor vehicle’ as defined in Section 11580.2(b) includes any motor vehicle that is not covered by liability insurance at the time of accident. Section 11580.2(b)(2) goes on to specify certain exclusions from this language: ‘The term “uninsured motor vehicle” shall not include…

I concur in the result but for a reason different from that of the majority opinion.

The complaint for declaratory relief alleged Mrozek had been struck by an uninsured motorist operating a dune buggy off the public highway; it was alleged the dune buggy was a motor vehicle designed for and used off public roads, and that it was not an uninsured motor vehicle under the policy of automobile liability insurance.

The latter claim was based upon language in the printed policy form excluding from the definition of “uninsured motor vehicle”: “a land motor vehicle designed for use principally off public roads except while being used on public roads . . .’’In that respect the printed policy form differed from the language of Insurance Code section 11580.2 which provides: “The term ‘uninsured motor vehicle’ shall not include an automobile owned by the named insured or any resident of the same household or self-insured within the meaning of the safety responsibility law of the state in which the motor vehicle is registered or which is owned by the United States of America, Canada, a state or political subdivision of any such government or an agency of any of the foregoing, or a land motor…

BROWN (Gerald), P.J.

State Farm Mutual Automobile Insurance Company sued its insured, Glynice Ann Mrozek, for declaratory relief, to deny arbitration to her under the uninsured motorist insuring provisions of her policy with the company. State Farm prevailed below. Mrozek appeals the judgment. (1) We reverse on the ground there is coverage under the policy.

Shortly after midnight, November 27, 1969, Mrozek was sleeping in her sleeping bag in the sand dunes of Imperial County, about one-fourth mile off the highway. State Farm alleges "an uninsured motorist operating a dune buggy" struck and injured Mrozek. She is said to be permanently paralyzed.

In her brief, Mrozek ably states the issue and argument, in part, thusly:

"[T]he issue in the trial court and on appeal is whether ... dune buggies used off public highways are considered uninsured motor vehicles under Section 11580.2 of the California Insurance Code. `Uninsured motor vehicle' as defined in Section 11580.2(b) includes any motor vehicle that is not covered by liability insurance at the time of accident. Section 11580.2(b)(2) goes on to specify certain exclusions from this language: `The term "uninsured motor…