Is it a violation of public policy of this state for an insurer to issue a policy of insurance which does not cover an accident which occurs when other than the insured is not an accident?

California, United States of America


The following excerpt is from Mercury Cas. Co. v. Chu, 178 Cal.Rptr.3d 144, 229 Cal.App.4th 1432 (Cal. App. 2014):

to those injured by them in the operation of such vehicles.... [F]or an insurer to issue a policy of insurance which does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured, is a violation of the public policy of this state.... [Citation.] (Metz v. Universal Underwriters Ins. Co. (1973) 10 Cal.3d 45, 50 [109 Cal.Rptr. 698, 513 P.2d 922] (Metz ).) Section 11580.1, subdivision (b)(4), a part of this state's financial responsibility law, is to be liberally construed to provide monetary protection for that ever changing and tragically large group of persons who ... suffer grave injury [citations]. (

[229 Cal.App.4th 1454]

Lovy v. State Farm Ins. Co. (1981) 117 Cal.App.3d 834, 843 [173 Cal.Rptr. 307], fn. omitted, quoting Metz, supra, 10 Cal.3d at pp. 5153, 109 Cal.Rptr. 698, 513 P.2d 922.)

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