Velji

Interinsurance Exchange v. Velji

Good Law
118 Cal. Rptr. 596·1975 Cal. App. LEXIS 932·44 Cal. App. 3d 310
Court of Appeal of CaliforniaJanuary 3, 1975Civ. 43517California2,833 words

Opinion

Opinion

Cole, J.

The Interinsurance Exchange of the Automobile Club of Southern California (respondent) sued for a declaration that Gerry Jo Velji (appellant) was not afforded uninsured motorist protection under her automobile insurance policy with respondent with respect to an accident occurring on August 8, 1970. The trial court made findings of fact and conclusions of law in favor of respondent and judgment was entered. We affirm.

Facts

Appellant’s 1963 Chevrolet was insured by, respondent under a policy in which she was the named insured. The policy contained uninsured motorist provisions. Among other things, the policy defined “insured” for purposes of the uninsured motorist coverage saying, so far as is relevant here: “ ‘insured’ means . . . (b) if 'the named insured is an individual or husband and wife or a person designated as a named insured in an endorsement pertaining to this Part only, (1) such named insured and any relative, and (2) any person occupying a non-owned automobile while being operated by any such named insured; ...”

The policy stated under “Exclusions” that uninsured motorist coverage did not apply “. . . to bodily injury to the insured while occupying a motor…

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