Brown

Mission Insurance v. Brown

Good Law
1965 Cal. LEXIS 204·47 Cal. Rptr. 363·63 Cal. 2d 508·407 P.2d 275
Supreme Court of CaliforniaNovember 12, 1965L.A. No. 28114California983 words

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…

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