Robles

Plaintiffs have appealed from an order and judgment granting the motion for summary judgment of defendant insurer and awarding the defendant its costs and disbursements. Plaintiffs allegedly suffered injuries as a result of a collision in Mexico involving the Robles’ Volkswagen bus and an alleged hit and run uninsured motorist. The policy did not cover travel in Mexico. Plaintiffs sought: (1) reformation of the policy; (2) submission of their claims to arbitration; (3) $30,000 damages for failure to furnish coverage in Mexico, as requested; (4) and (5) $30,000 damages for failure to reform the policy, $5,000 each for emotional distress and $100,000 exemplary damages.

Plaintiffs concede that at the time of the application the defendant insurer was not the principal of the producer of the insurance, who allegedly failed to apply for requested insurance which would cover travel in Mexico. They assert that there is a triable issue of fact as to whether the insurer by its participation in the California assigned risk plan, and its issuance of a policy of insurance, assented to the producer being its agent in matters respecting the policy after its issuance. They also contend…