Cole

This appeal raises a question of first impression: may federal disability and state unemployment benefits be offset against payment of an uninsured motorist claim by the California Insurance Guarantee Association *555 (CIGA)? Plaintiff and appellant Jocelyn Cole sued defendant and respondent CIGA, which was obligated to discharge her covered claim when her automobile insurance provider became insolvent. On cross-motions for summary judgment raising the meaning and application of Insurance Code 1 section 1063.2, subdivision (e) (subdivision (e)), to Cole’s claim, CIGA prevailed. The court held CIGA may reduce payments to Cole by amounts payable to her under the federal Social Security Disability Insurance (SSDI) ( 42 U.S.C.S. § 423 et seq.) and the State of California’s unemployment compensation insurance (UCI) benefits. (Unemp. Ins. Code, § 1251 et seq.) We disagree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The parties stipulate to the underlying facts. Cole was insured under an automobile liability insurance policy issued by National Automobile and Casualty Insurance Company (National), a member of CIGA. The National policy contained uninsured and underinsured…