Brown
Mission Insurance v. Brown
Opinion
lead Opinion
McComb, J.
From a judgment in favor of defendants in an action wherein plaintiff insurance company sought a declaration of its rights under an automobile insurance policy, plaintiff appeals.
Facts: Defendants, while occupants of a vehicle insured by plaintiff, received personal injuries in a collision with an uninsured vehicle.
The accident occurred in Mexico, within 75 miles of the United States border, on a trip that did not exceed 10 days.
The general policy provisions included the following: “Mexico Coverage—Limited—It is agreed that the coverage provided by this policy is extended to apply while the automobile insured is being used for occasional trips into that part of . . . Mexico lying not more than 75 miles” from the United States border for a period not exceeding 10 days.
An endorsement to the policy contained an uninsured motorist coverage provision, together with a purported territorial limitation, reading: “This endorsement applies only to accidents which occur . . . within the United States of America, its territories or possessions, or Canada.”
Question: Is the purported territorial limitation in the endorsement void because it is in conflict with section 11580.2 of the…