Portillo

This is an appeal by the plaintiffs from a judgment denying them recovery under the uninsured motorist provision of an insurance policy.

Plaintiff Faye Sena Portillo’s husband was killed in an automobile accident which occurred more than a year before the effective date of Insurance Code section 11580.2. His car collided with an automobile driven by Turner and another driven by Attebery while Turner and Attebery were engaged in a drag race. Turner had no applicable insurance, being in the Service, and had an “on base” liability policy covering his automobile only while it was on a military reservation. Attebery, also in the Service, had a policy with “off base” coverage with limits of $10,000 for the death of one person. This policy excluded coverage while racing, etc., and the carrier, International Automobile Insurance Exchange, denied coverage.

The plaintiffs sued Turner and Attebery and recovered a judgment against both in the sum of $65,000. Thereafter, the plaintiffs filed an action against Attebery’s carrier to recover both the limits of that policy and the excess of the judgment over those limits, on the theory that International Automobile Insurance Exchange had been…