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UTAH HOME FIRE INS. CO. v. McCARTY

Docket No. 31769.

266 Cal.App.2d 892 (1968)

72 Cal. Rptr. 460

UTAH HOME FIRE INSURANCE COMPANY, Plaintiff and Appellant, v. THELMA McCARTY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

October 28, 1968.

Attorney(s) appearing for the Case

Stockdale, Atkisson & Estes and George Bruggeman, Jr., for Plaintiff and Appellant.

Arthur Sherman for Defendants and Respondents.

KAUS, P.J.

The only question on this appeal is whether the Utah Home Fire Insurance Company ("Utah") did or did not furnish uninsured motorists coverage to the defendant McCarty. The trial court held that it did. We agree.

When McCarty applied to automobile liability insurance he signed an endorsement form entitled "WAIVER OF FAMILY PROTECTION OR PROTECTION AGAINST UNINSURED MOTORISTS COVERAGE." The form was then blank. When produced at the trial it read,...

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