Denny

Denny v. St. Paul Guardian Insurance

Good Law
196 Cal. App. 3d 73·1987 Cal. App. LEXIS 2288·241 Cal. Rptr. 520
Court of Appeal of CaliforniaOctober 30, 1987B026166California1,538 words

Opinion

Opinion

Hanson, J.

Petition to compel arbitration. Petitioner Pamela A. Denny sought arbitration of a controversy concerning the coverage provided by the uninsured motorist portion of her automobile insurance policy. Named as defendants were St. Paul Guardian Insurance Co., the St. Paul Property and Liability Insurance Co., and St. Paul Fire and Marine Insurance Co. (hereinafter St. Paul).

The trial court denied the petition on the ground that the vehicle petitioner was driving at the time she sustained serious personal injuries was not an uninsured motor vehicle within the meaning of her policy or Insurance Code section 11580.2. Petitioner filed a timely appeal from the trial court’s order pursuant to Code of Civil Procedure section 1294, subdivision (a).

Facts

The facts are not in dispute between the parties. Sometime prior to March 5, 1986, petitioner obtained an automobile insurance policy issued by St Paul; the policy number was PAO 610 7602; petitioner was the named insured and her vehicle was described as a 1978 Datsun 280Z.

By attached endorsement, the policy contained an exclusion entitled “Liability Coverage Exclusion Endorsement,” which provided that there was no liability…

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