Ernest Martel v. State Farm Mutual Automobile Insurance Company State Farm Fire and Casualty Insurance Company

951 F.2d 361 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernest MARTEL, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; State Farm Fire and Casualty Insurance Company, Defendants-Appellees. No. 91-55311. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1991. Decided Dec. 20, 1991. 1 Before SCHROEDER and KOZINSKI, Circuit Judges, and McKIBBEN, * District Judge. 2 MEMORANDUM ** 3 The undisputed facts show that Martel was struck by a 1978 Oldsmobile Omega. Furthermore, Martel concedes that the Omega was insured by Farmer's, not defendant State Farm. State Farm policy number S401 859-55B, which is limited by its terms to a 1978 Buick Skylark, does not apply to the Omega, and the Omega does not fall within any of the policy extensions for other cars. 4 Perhaps recognizing the difficulty of proceeding against State Farm under the policy, Martel unsuccessfully attempts to rely on the California Vehicle Code. But section 11103…