Darrah
Darrah v. California State Automobile Assn.
Opinion
Opinion
Elkington, J.
This appeal concerns the uninsured motorist provisions of Insurance Code section 11580.2.
The car of an admittedly negligent uninsured motorist collided with an automobile owned and driven by George Rehm. Appellants and cross-complainants John L. Wheatley and Malcolm Darrah were passengers in the Rehm automobile. Rehm died and Darrah and Wheatley suffered serious bodily injuries as a proximate result of the accident. Rehm’s wife survived him.
Cross-defendant and respondent Allstate Insurance' Company (hereinafter referred to as Allstate) had in force a policy of automobile insurance issued to Rehm. The policy provided uninsured motorist coverage to Rehm and other persons occupying his vehicle, with liability limits of $10,000 as to any one claimant and $20,000 as to any one accident. Wheatley and Darrah were also automobile owners. At the time of the accident each had in force a policy of automobile insurance with the same uninsured motorist provisions and liability limits as the policy of Rehm. Wheatley’s policy was also written by Allstate, while Darrah’s was written by cross-defendant and respondent California State Automobile Association, Inter-Insurance Bureau (hereinafter…