Legal Opinion

Utah Home Fire Ins. Co. v. McCarty

California Court of Appeal

Decided October 28, 1968No. Civ. 31769PublishedCited by 14 opinions

1Opinion of the CourtKaus, P. J.

The only question on this appeal is whether the Utah Home Fire Insurance Company (“Utah”) did or did not furnish uninsured motorists coverage to the defendant McCarty. The trial court held that it did. We agree.

When McCarty applied to automobile liability insurance he signed an endorsement form entitled “Waiver of Family Protection or Protection Against Uninsured Motorists Coverage. ’ ’ The form was then blank. When produced at the trial it read, in relevant part, as follows: “In consideration of a return premium of $—, the undersigned insured and the Company, in accordance with the provision…

2Cases cited4 opinions

  1. Gray v. Zurich Insurance Co.California Supreme Court · 1966
  2. Steven v. Fidelity & Casualty Co.California Supreme Court · 1962
  3. Mission Insurance v. BrownCalifornia Supreme Court · 1965
  4. Hendricks v. Meritplan InsuranceCalifornia Court of Appeal · 1962

3Cited by14 opinions

  1. Valdez v. Federal Mutual InsuranceCalifornia Court of Appeal · 1969
  2. Modglin v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 1969
  3. American Family Mutual Insurance Co. v. MerrillSouth Dakota Supreme Court · 1990
  4. Dufresne v. Elite Insurance Co.California Court of Appeal · 1972
  5. Kincer v. Reserve InsuranceCalifornia Court of Appeal · 1970

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