Rhodes

Northwestern Mutual Insurance v. Rhodes

Good Law
238 Cal. App. 2d 64·47 Cal. Rptr. 467
Court of Appeal of CaliforniaNovember 5, 1965Civ. 445California1,368 words

Opinion

Opinion

Conley, J.

In this suit for declaratory relief brought by the insurance company which issued the policy in question, the insured appellant, Geraldine Rhodes, complains that she has not received full payment for her injuries under alleged applicable provisions of her insurance policy. She admittedly received physical hurt in an automobile collision which occurred on the 8th day of October 1962, between her automobile and a car driven by one Lynne La Rhette Poster. The claim made by Mrs. Rhodes against Northwestern Mutual Insurance Company arose out of the provisions of a policy of insurance which the company originally wrote on her automobile; this policy contained provisions in her favor against injury through the negligence of an uninsured motorist pursuant to the requirements of the law of the State of California (Ins. Code, § 11580.2), and also medical coverage provisions. The uninsured motorist coverage in the policy stipulated that the plaintiff would pay all sums up to $10,000 per person, which the insured would be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury sustained by the insured, provided that determination…

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