Cancilla

A driver has an accident with another vehicle driven by an uninsured motorist. The driver has uninsured motorist coverage for the vehicle he is driving. He also has uninsured motorist coverage with a different insurance company for another vehicle he owns.

Here we hold that under Insurance Code section 11580.2, the driver may not claim uninsured motorist coverage under the policy for the vehicle not involved in the accident.

Lisa Cancilla, individually and on behalf of her daughter, Brittany Cancilla (Cancilla), appeals from the summary judgment entered in favor of respondent, the Hartford Casualty Insurance Company (Hartford). The trial court ruled that Cancilla may not obtain coverage under the uninsured motorist coverage of a policy for a vehicle owned by Cancilla’s husband, decedent Richard Cancilla, which was not involved in the instant accident. We affirm.

Facts

While riding his motorcycle, Richard Anthony Cancilla was struck and killed by a vehicle driven by an uninsured motorist. Cancilla’s motorcycle was insured by the Allstate Insurance Company for uninsured motorist coverage of $15,000 per person and $30,000 per accident. Allstate paid its policy limit to…