Lopez

Assume A is insured under an automobile liability policy with underinsured motorist coverage limits of $15,000 per person/$30,000 per occurrence. A is injured in a collision for which B is liable. B is insured under a policy with $15,000/$30,000 liability limits. Because other persons were also injured in the accident, the amount of benefits under B’s policy actually available to A is $7,500, which does not fully compensate A for his damages. Is A entitled to any underinsured motorist benefits from his own insurer? When the underinsured motorist coverage in A’s policy is set forth in language indistinguishable from that in Insurance Code section 11580.2, subdivision (p), as it was here, we answer the question no. In doing so, we join the Third and Fourth Appellate Districts. (See State Farm Mut. Auto. Ins. Co. v. Messinger (1991) 232 Cal.App.3d 508 [ 283 Cal.Rptr. 493 ]; Schwieterman v. Mercury Casualty Co. (1991) 229 Cal.App.3d 1044 [ 280 Cal.Rptr. 804 ].)

Factual and Procedural Background

Appellant Gilbert Lopez filed a declaratory relief action against Allstate Insurance Company alleging that a controversy existed concerning Lopez’s claim for underinsured motorist…