Does the family exclusion provision of a personal injury insurance policy void because it is broader than the statutory definition of the Family exclusion provision?
California, United States of America
The following excerpt is from Farmers Ins. Exchange v. Cocking, 108 Cal.App.3d 572, 166 Cal.Rptr. 647 (Cal. App. 1980):
Just prior to oral argument and at oral argument counsel for defendant Glorious brought to our attention Phelps v. Allstate Ins. Co. (1980) 106 Cal.App.3d 752, 754, 758, 165 Cal.Rptr. 263, which holds a family exclusion provision of an automobile liability insurance policy void because it is broader than that authorized by the statutory subdivision here at issue.
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