Komorsky

Komorsky v. Farmers Ins. Exch.

Good Law
245 Cal. Rptr. 3d 623·33 Cal. App. 5th 960
Court of Appeal of CaliforniaMarch 1, 2019B286443California5,372 words

Opinion

Lead Opinion

Currey, J.

*963 Melissa Komorsky appeals from a judgment in favor of Farmers Insurance Exchange (Farmers) and Truck Insurance Exchange (Truck). Komorsky's mother, Linda Liker, was insured under an automobile liability policy issued by Farmers and an umbrella policy issued by Truck. Both policies included uninsured motorist coverage. After an uninsured motorist struck and killed Ms. Liker, Komorsky filed claims for benefits under both policies for her mother's wrongful death. The trial court determined Komorsky was entitled to coverage under the Farmers policy as an heir of an insured pursuant to Insurance Code section 11580.2, subdivision (a)(1) 1 , but was not entitled to coverage *627 under the Truck umbrella policy. The *964 court later granted the defendants' motion for judgment on the pleadings based on its coverage determination.

On appeal, Komorsky contends (1) she is entitled to uninsured motorist coverage under the Truck umbrella policy as an heir of an insured pursuant to section 11580.2, subdivision (a)(1) ; (2) the trial court erred in denying her motion for leave to file a second amended complaint alleging causes of action for estoppel and reformation; and (3) Farmers Group,…

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