Bailey v. Interinsurance Exchange

Opinion

BEACH, J.

Plaintiff in a declaratory relief action appeals from a judgment for defendant entered following a nonjuiy trial based upon a stipulated set of facts.

At issue is the interpretation of an exclusion clause in the policy of automobile insurance written by the defendant for coverage of the plaintiff. The policy includes a provision for payment of medical expenses. The exclusion under consideration reads as follows; “This policy does not apply to bodily injury sustained by any person if benefits therefor are in whole or in part either payable or required to be provided under any…