Seguros La Provincial, S.A. v. Fremont Indemnity Co.

Fremont Indemnity Company (Fremont) appeals a summary judgment declaring the insurance policy issued by Seguros La Provincial, S.A. (Seguros), a Mexican insurance company, through a surplus line broker in California, provides no bodily injury coverage for any occupant of the insured *926 vehicle and declaring Seguros had no duty to defend any claim of loss instituted by the occupants. Fremont contends Insurance Code section 11580.1, subdivision (g) 1 permitting the issuance of the insurance policy by Seguros violates California public policy and denies equal protection of the laws under both the federal and state Constitutions. For the reasons following, we conclude both contentions are meritless.

Factual and Procedural Background

Seguros is a Mexican corporation selling Mexican automobile insurance on risks arising only within the territorial limits of the Republic of Mexico. On November 7, 1978, in Calexico, California, Seguros issued a Mexican automobile policy to Bruce Elbert Schmidt insuring his 1977 Ford van. During the policy term, the insured vehicle was involved in an accident in Baja California, Republic of Mexico. At the time of the accident, the vehicle was…