Wedemeyer

INTRODUCTION

Plaintiff Lowell R. Wedemeyer appeals from a judgment on the pleadings in favor of defendant Safeco Insurance Company of America. We reverse.

FACTS

From April 3 to October 3, 2003, plaintiff’s 1993 Toyota Camry was insured under personal auto policy No. A2145931 issued by defendant. The policy included uninsured and underinsured motorist coverage in the amount of $500,000 per person and $500,000 per accident.

On May 28, 2003, plaintiff’s Camry was hit from behind by a vehicle driven by Bradley Dean Groscost (Groscost). Plaintiff was seriously injured in the accident.

Groscost and his vehicle were insured by Coast National Insurance Company (Coast) in the amount of $15,000. Plaintiff sued Groscost. (Wedemeyer v. Groscost (Super. Ct. L.A. County, BC309170).) Coast tendered to plaintiff the $15,000 conditioned on a general release of Groscost. Plaintiff notified defendant of the lawsuit and of Coast’s tender of Groscost’s $15,000 policy limits.

In the course of discovery, plaintiff learned that Groscost was employed by Skyline Management Group (Skyline). Skyline was insured by Hartford Insurance Company (Hartford), Hartford Spectrum business insurance…