Universal Underwriters Insurance v. Superior Court

This proceeding arises out of an action entitled Pacific Indemnity Group y. Universal Underwriters Insurance Company, et al., for declaratory relief and money damages now pending in the respondent court. The question before us is whether that court abused its discretion in striking from the separate pretrial statement of Universal a certain issue tendered by Universal and its contention relating thereto, before adopting that statement and incorporating it in the pretrial conference order.

The joint pretrial statement shows that the following facts are admitted. Sometime before September 29, 1963, Pacific issued a policy of automobile liability insurance to one Robert Henri L. D. whereby it agreed to indemnify the insured and his wife, Nicole Dieudonne L. D. (hereafter referred to as Nicole), against liability incurred through the operation of a certain automobile upon the terms and conditions stated in the policy. A similar policy was issued before September 29, 1963, by Universal to Lynch Motors insuring the persons covered therein against liability incurred through the ownership and use of certain automobiles, including a certain designated 1958 Ford automobile. Each policy…