CALIFORNIA FAIR PLAN ASSOCIATION v. GARNES

No. A143190.

CALIFORNIA FAIR PLAN ASSOCIATION, Plaintiff and Respondent, v. MARLENE GARNES, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

June 14, 2017.


Attorney(s) appearing for the Case

Hereford Kerley , Law Office of Dylan Schaffer, Kerley Schaffer, J. Edward Kerley , Dylan L. Schaffer for Defendant and Appellant.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Chief Assistant Attorney General, Paul D. Gifford , Senior Assistant Attorney General, Joyce E. Hee , Supervising Deputy Attorney General, Robert E. Asperger , Deputy Attorney General for Dave Jones, Insurance Commissioner of the State of California as Amicus Curiae on behalf of Defendant and Appellant.

Amy Bach , Daniel Wade for United Policyholders as Amicus Curiae on behalf of Defendant and Appellant.

Lewis Brisbois Bisgaard & Smith, Raul L. Martinez , Elise D. Klein for Plaintiff and Respondent.


CERTIFIED FOR PUBLICATION

ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT

RICHMAN, Acting P.J.

THE COURT:

It is ordered that the opinion filed herein on May 26, 2017, be modified as follows:

On page 34, at the end of the first partial paragraph, following the citation to "Wildman, supra, 48 Cal.2d at pp. 39-40 [where policy provisions were in derogation of Vehicle Code sections, latter "must be considered a part of every policy of liability insurance even though the policy itself does not specifically make such laws a part thereof"];" insert:

Gebers v. State Farm General Ins. Co. (1995) 38 Cal.App.4th 1648, 1651 ["Changes or variations to the standard form may not reduce the insurer's obligations"];

This modification does not effect a change in the judgment.

The petition for rehearing is denied.


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