Mulleague

Enterprise Insurance v. Mulleague

Good Law
196 Cal. App. 3d 528·1987 Cal. App. LEXIS 2348·241 Cal. Rptr. 846
Court of Appeal of CaliforniaNovember 23, 1987C000282California4,964 words

Opinion

Opinion

Sparks, J.

In this case we consider the statutory limits on uninsured motorist coverage. The issue turns on the proper construction of Insurance Code section 11580.2, subdivisions (a) and (m). We also address the question whether a statement of decision under Code of Civil Procedure section 632 is required when only an issue of law is tendered to the court in a bench trial.

Defendant Bernard James Mulleague claimed uninsured motorist benefits under a policy of insurance issued by plaintiff Enterprise Insurance Company (Enterprise). When the parties could not agree on the applicable limits of coverage, Enterprise filed a complaint for declaratory relief. The trial court entered a judgment holding that the applicable uninsured motorist limit was $15,000 for bodily injury to one person in one accident. Defendant appeals raising a number of procedural and legal issues. On the coverage question, he argues that the statutory provisions require that the coverage be equal to the limits of liability in the underlying policy, in this case $600,000. We reject both the trial court’s and the defendant’s construction of the statute. We conclude instead that the uninsured motorist benefits…

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