Rudder

On October 29, 1976, Victor Rudder was killed when a Chevrolet van owned and operated by one William Carter in which Victor was a passenger overturned. No automobile insurance with respect to the van or Carter was then in force. Victor, however, was the named insured under four separate automobile liability insurance policies containing uninsured motorist coverage (UMC) in the amount of $15,000 for one person agreeably with statutory requirement (Ins. Code, § 11580.2); two issued by respondent Farmers Insurance Exchange, one by respondent Reserve Insurance Company and one by Twentieth Century Insurance Company, which is not a party to this proceeding.

Each of the policies contained “other insurance” clauses respecting UMC as follows: [Respondent Reserve:] “With respect to bodily in jury to an insured while occupying a highway vehicle owned by the named insured this insurance shall apply only as excess insurance over any other similar insurance available to such insured and applicable to such vehicle as primary insurance, and this insurance shall then apply only in the amount by which the limit of liability for this coverage exceeds the applicable limit of liability of…