Lopez

Rosalie Lopez, a minor, lived in the same household with her parents. She owned an automobile which she insured with defendant. The policy, as required by law (Ins. Code, § 11580.2), provided uninsured motorist coverage. Pedro Lopez, Rosalie’s father, owned an automobile on which he had no insurance. On August 4, 1963, Pedro, while on foot, was struck by another uninsured automobile. He sustained injuries which caused his death. His widow and children joined as plaintiffs in this action seeking declaration that they are entitled to recovery from the insurer of Rosalie ’s car for the wrongful death of Pedro. The trial court held that (1) Pedro was an insured under Rosalie’s policy, and thus his heirs may recover upon it in a wrongful death action; (2) each of the heirs suffered an injury by the death of Pedro, and the coverage limit thus is $20,000 rather than $10,000; (3) the medical pay provision of Rosalie’s policy requires payment of medical and funeral expenses. Defendant appeals.

The policy extends uninsured motorist coverage to relatives of the named insured, and defines that term to mean “a relative of the named insured or of his spouse, who is a resident of the same…