Legal Opinion

Explorer Insurance v. Gonzalez

California Court of Appeal

Decided July 16, 2008No. C057450Published

1Opinion of the Court

Opinion

SCOTLAND, P. J.

All insurance policies issued in California covering liability arising out of the use of a motor vehicle must include uninsured and underinsured coverage for bodily injury “with coverage limits [at least] equal to the limits of liability for bodily injury in the underlying policy” (Ins. Code, § 11580.2, subd. (m); see id., subds. (a)(1), (n), (p); further section references are to the Insurance Code). Therefore, when an insured person suffers bodily injury caused by a person who also has insurance, but “for an amount that is less than the uninsured motorist limits…

2Cases cited3 opinions

  1. Quintano v. Mercury Casualty Co.California Supreme Court · 1995
  2. State Farm Mutual Automobile Insurance Co. v. MessingerCalifornia Court of Appeal · 1991
  3. California Capital Insurance v. NielsenCalifornia Court of Appeal · 2007

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