Ahern
Ahern v. Dillenback
Opinion
Opinion
Todd, J.
Joan and David Ahem appeal from a judgment of dismissal entered after the trial court granted a motion for summary judgment. At issue is whether the terms of Insurance Code section 11580.2 regarding mandatory uninsured motorist coverage apply to a policy issued to cover driving in Europe and North Africa.
Facts
In September 1982, the Aherns, residents of Connecticut who were visiting Monterey, California, decided to purchase an automobile insurance policy that would provide coverage for their upcoming anticipated travels in Europe. The Aherns contacted Ray Dillenback of the Dillenback and Lomante Agency, a Monterey insurance agency, and told Dillenback they wanted a foreign policy that would provide full coverage or the “best coverage that exists." On September 29, 1982, Dillenback filled out an overseas automobile insurance application from International Service Insurance Agency and Joan Ahern signed the application for the Aherns’ 1981 Honda Prelude, which was registered in England. In a deposition, Joan Ahem said she told Dillenbeck they “want[ed] the best policy there is.” She maintains Dillenbeck advised her she would receive full insurance coverage with policy…