Can a policy language similar to that employed by plaintiff in a motor vehicle accident claim to withhold coverage where the vehicle is occupied by an uninsured motorist?
California, United States of America
The following excerpt is from Interinsurance Exchange v. Alcivar, 156 Cal.Rptr. 914, 95 Cal.App.3d 252 (Cal. App. 1979):
In Darrah v. California State Automobile Assn. (1968) 259 Cal.App.2d 243, 66 Cal.Rptr. 374, policy language substantially identical to that employed by plaintiff was held effective to withhold coverage where the policy covering the occupied vehicle provided uninsured motorist coverage with the same policy limits as those of the policies at issue. In so holding, the court said (Id., at pp. 246-247, 66 Cal.Rptr. at pp. 375-76):
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