Lewis

Lewis v. Fidelity & Casualty Co. of New York

Good Law
1962 Cal. App. LEXIS 1893·207 Cal. App. 2d 160·24 Cal. Rptr. 388
Court of Appeal of CaliforniaAugust 28, 1962Civ. 26007California1,131 words

Opinion

Opinion

Herndon, J.

This is an appeal from a judgment entered in favor of defendant in an action for declaratory relief by plaintiff. The sole issue sought to be determined in this action was whether or not an insurance policy issued by defendant on May 13, 1959, provided coverage in the event of accidents involving uninsured motorists. This type of coverage was entitled “Family Protection” in the policy and was subitem “J” in the list of risks covered running from “A” through “J.” Plaintiff is not the named insured, but was a passenger in a vehicle covered by the policy and driven by the named insured at the time of the accident. The parties agree that plaintiff would be entitled to recovery in this situation if the “Family Protection” coverage were operative.

The first page of the policy is divided into six “Items.” Item 1 sets forth the name and address of the insured; item 2 indicates the period of time covered; item 3 describes the coverage, the limits of liability and the premiums therefor; item 4 contains descriptions of the vehicles owned by the insured; item 5 names the loss payee; and item 6 indicates a place where the vehicles are garaged, the number thereof, and whether a trailer is…

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