DAUN v. USAA CAS. INS. CO.

No. D043793.

23 Cal.Rptr.3d 44 (2005)

125 Cal.App.4th 599

Robert W. DAUN, Plaintiff and Appellant, v. USAA CASUALTY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division 1.

Review Denied March 16, 2005.


Attorney(s) appearing for the Case

O'Mara & Padilla, San Diego, and Michael Padilla, for Plaintiff and Appellant.

Shifflet, Kane & Konoske, Gregory P. Konoske, San Diego, and D. Amy Akiyama, for Defendant and Respondent.


McINTYRE, J.

In this appeal we address the question of whether the California uninsured motorist statute (Ins.Code, § 11580.2) allows an insurer to properly exclude uninsured or underinsured motorist coverage where the insured is injured by an uninsured motorist or underinsured motorist while the insured operated a motor vehicle with less than four wheels. (All undesignated statutory references are to the Insurance Code.) We conclude this exclusion contravenes...

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