Wesfield Insurance Co. v. DeSimone

Opinion

McDANIEL, J.

Notwithstanding what we thought was settled over a decade ago in Vanguard Ins. Co. v. Schabatka (1975) 46 Cal.App.3d 887 [120 Cal.Rptr. 614], defendants here have appealed from a judgment in a declaratory relief action which restricted the policy exposure of Westfield Insurance Company (plaintiff) to the “per person” limit of $100,000 rather than the “per occurence” limit of $300,000. The individual defendants are the surviviors and heirs of Leonardo DeSimone who died as a result of injuries inflicted out of their presence by plaintiff’s insured in a multivehicle collision.…