Huddleston

California State Automobile Association Inter-Insurance Bureau v. Huddleston

Good Law
137 Cal. Rptr. 690·1977 Cal. App. LEXIS 1392·68 Cal. App. 3d 1061
Court of Appeal of CaliforniaMarch 30, 1977Civ. No. 16227California2,680 words

Opinion

Lead Opinion

Regan, J.

In this action for declaratory relief seeking a determination of the rights and duties of the parties under an insurance policy which *1063 provided for uninsured motorist protection, the trial court ruled the policy issued by plaintiff did not afford coverage to the defendants. They appeal.

On October 27, 1974, Laura Huddleston was a passenger in an automobile driven by Kenneth Krueger. On that date the Krueger vehicle was involved in an intersection accident in the City of Eureka with a car driven by James Hay. Laura, the daughter of the Huddlestons, was killed in the collision. Krueger and Hay were concurrently negligent.

Krueger was insured by defendant Insurance Company of North America (INA). 1 The coverage included third party liability protection and uninsured motorist protection. Neither Hay, the driver of the second vehicle, nor Clark, the owner of that vehicle, carried third party liability insurance.

Defendants Alfred and Martha Huddleston, the parents of Laura, were insured by plaintiff California State Automobile Association Inter-Insurance Bureau (CSAA). Laura was eligible for coverage under the uninsured motorist provisions of this policy.

The…

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