Hogan

Defendants and cross-complainants, the legal heirs and estate of John V. Hogan, appeal the summary judgment entered in favor of respondent, California Automobile Insurance Company (CAIC), on respondent’s complaint for declaratory relief and appellants’ cross-complaint for breach of contract, breach of the covenant of good faith and fair dealing, and professional negligence. The issue presented in this appeal is whether the fatal injuries Mr. Hogan suffered during an altercation with an uninsured motorist while exchanging information following a traffic accident are covered under the uninsured motorist provisions of Mr. Hogan’s automobile insurance policy issued by CAIC. We conclude they are not and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A car being driven by John V. Hogan was involved in a minor traffic accident with a motorcycle being driven by Giuseppe Lionetti. Mr. Hogan and his wife immediately got out of their car to speak to Mr. Lionetti, who had gotten off his motorcycle. In response to Mrs. Hogan’s inquiry whether Mr. Lionetti and his passenger were all right, Mr. Lionetti responded that they were, but became irate, demanding to know who would…