NIPPER v. CALIFORNIA AUTO. ASSIGNED RISK PLAN

Docket No. S.F. 23494.

19 Cal.3d 35 (1977)

560 P.2d 743

136 Cal. Rptr. 854

ROBERT EUGENE NIPPER, Plaintiff and Appellant, v. CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN et al., Defendants and Respondents.

Supreme Court of California.

February 28, 1977.


Attorney(s) appearing for the Case

COUNSEL

McCormick, Barstow, Sheppard, Coyle & Wayte, Stephen R. Cornwell and James P. Wagoner for Plaintiff and Appellant.

Bagley, Bianchi, Hoskins & Rosenberg, Bianchi, Hoskins & Rosenberg, Albert Bianchi, Peter C. Morris and Stutsman & Nagel for Defendants and Respondents.

Peter W. Fisher, Alan E. Lacy, James R. Woods, Maloney, Chase, Fisher & Hurst, Ball, Hunt, Hart, Brown & Baerwitz, Joseph A. Ball, Clarence S. Hunt, Joseph D. Mullender, Jr., Staiger, Yank, Molinelli & Preston, Frank E. Preston and Warren A. Staiger as Amici Curiae on behalf of Defendants and Respondents.


OPINION

RICHARDSON, J.

This case presents the question whether an insurance broker and an association of insurers providing assigned risk automobile insurance to an allegedly unqualified or incompetent driver may be held civilly liable for personal injuries sustained by third persons as a result of the insured's negligent operation of a motor vehicle. Under these circumstances we conclude that liability is unwarranted and will affirm...

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