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California Court of Appeal


Berendes v. State Farm Insurance Exchange, C068066

Summary judgment for defendant-insurer on plaintiffs' complaint alleging that coverage provided by defendant-insurer to the decedent's father also provided underinsured motorist coverage for the decedent, a pedestrian killed by an underinsured motorist, is affirmed, where: 1) since the decedent did not fit into the statutory definition of the "insured," for the purpose of applying Insurance Code section 11580.2, defendant was under no statutory obligation to provide her coverage under the circumstances for the liability of underinsured motorists; and 2) under the express terms of the policies, the decedent was not entitled to underinsured motorist coverage for the accident.

Appellate Information

  • Decided 11/18/2013
  • Published 11/18/2013

Judges

  • NICHOLSON

Court

  • California Court of Appeal

Counsel

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