Cancino

Plaintiff Emilio Mendez Cancino appeals from a judgment for defendant Farmers Insurance Group after a demurrer to his complaint was sustained without leave to amend. The complaint sought damages for a breach of the defendant’s obligation to deal with plaintiff fairly and in good faith in respect of his claim against it as an insured covered by the uninsured motorist provisions of a public liability policy issued by defendant to one Antonio E. Jiminez. The second amended complaint attached the policy and alleged that plaintiff “was an express ’‘insured’ under the terms and conditions of said insurance policy,” by virtue of the fact that he “was loading” the “insured” “motor vehicle” at the time he was struck by an automobile driven by an uninsured motorist.

The provisions of the policy extending uninsured motorist coverage stipulated that defendant would “pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle.” It defined “insured” for the purposes of such coverage as follows: “Insured means (1) the named insured or a relative, (2) any other person while occupying…