Utah Home Fire Insurance v. Fireman's Fund Insurance

Each of the parties issued policies of automobile liability insurance with uninsured motorist coverage pursuant to section 11580.2, Insurance Code; both policies were in force on the date of the accident hereinafter described. Plaintiff’s insured was Joseph Patin; defendant’s policy covered one Robert. This action sought a declaratory judgment that the uninsured motorist coverage under plaintiff’s policy did not apply to the injuries sustained by Patin as a result of the accident and a further declaration that such loss should be borne by defendant under the similar policy issued by it to Robert. The trial court gave plaintiff judgment as prayed; defendant appeals.

No oral testimony was received by the trial court; the matter was submitted for decision on the depositions of each insured, the police report prepared after the accident and the following stipulations: If called, each deponent would testify exactly as he did in his deposition; if called, the police officer, who prepared the accident report, would testify that each insured recited his version of the accident in the manner contained in the report; and finally, each policy had uninsured motorist coverage…

I concur in the judgment.

Patin, injured when struck by an uninsured motorist, was a “named insured” in the policy issued by plaintiff. Robert was a “named insured” in the policy issued by defendant covering the automobile in which Robert was seated when Patin was struck. Each policy included uninsured motorist coverage (Ins. Code, § 11580.2) in the minimum statutory amount of $15,000 for injury to one person and $30,000 for injuries to two or more persons in one accident. (Veh. Code, § 16059.)

With respect to coverage of an insurance policy, the rule is that the policy should be broadly construed with any • doubtful case being resolved in favor of inclusion under the terms of the policy. With respect to an exclusion clause in a policy, the rule is that it should be narrowly construed with any doubtful case being resolved against exclusion from the policy.

Patin’s policy concededly covered him unless he was injured “while in or upon or while entering into or alighting from an automobile other than [his] automobile if the owner thereof has insurance similar to that provided in this section.” (Ins. Code, § 11580.2, subd. (c)(2).) There is no room for a narrow construction of the…

LILLIE, Acting P.J.

Each of the parties issued policies of automobile liability insurance with uninsured motorist coverage pursuant to section 11580.2, Insurance Code; both policies were in force on the date of the accident hereinafter described. Plaintiff's insured was Joseph Patin; defendant's policy covered one Robert. This action sought a declaratory judgment that the uninsured motorist coverage under plaintiff's policy did not apply to the injuries sustained by Patin as a result of the accident and a further declaration that such loss should be borne by defendant under the similar policy issued by it to Robert. The trial court gave plaintiff judgment as prayed; defendant appeals.

No oral testimony was received by the trial court; the matter was submitted for decision on the depositions of each insured, the police report prepared after the accident and the following stipulations: If called, each deponent would testify exactly as he did in his deposition; if called, the police officer, who prepared the accident report, would testify that each insured recited his version of the accident in the manner contained in the report; and finally, each policy had uninsured…