Does Section 11580.1 of the California Motor Vehicle Licensing Code require an endorsement to exclude an insured from coverage of uninsured motorist's insurance?

California, United States of America


The following excerpt is from Valdez v. Federal Mut. Ins. Co., 272 Cal.App.2d 223, 77 Cal.Rptr. 411 (Cal. App. 1969):

Section 11580.1, however, as added in 1963 (Stats. 1963, ch. 1259, 1, p. 2780) and amended in 1965 (Stats. 1965, ch. 1968, 1, p. 4496) provided in part, '(e) Notwithstanding the foregoing subdivisions, the insurer and any named insured may, by the terms of such policy or by a separate writing, agree that coverage under the policy shall not apply while said motor vehicles are being used by a natural person or persons designated by name. Such agreement by any named insured shall be binding upon every insured to whom such policy applies.' The 'foregoing subdivision' have nothing to do with the uninsured motorist insurance which had already been required since 1959 by the next succeeding section of the code. The subdivisions referred to require minimum limits of liability insurance coverage (subd. a), designation of the motor vehicles to which coverage is intended to be granted (subd. b), designation of the use of such motor vehicles with respect to which coverage is not intended to be granted (subd. c), and a provision covering permissive users (subd. d). The exclusion contemplated by subdivision (3) appears to be directed to the insurance covering 'liability arising out of the ownership, maintenance or use of any motor vehicle,' and not the insured's right to the protection afforded by uninsured motorist's insurance. (See Abbott v. Interinsurance Exchange, supra, 260 Cal.App.2d 528, 530, 67 Cal.Rptr. 220; and Bohrn v. State Farm etc. Ins. Co., supra, 226 Cal.App.2d 497, 500, fn. 1, and 504--505, 38 Cal.Rptr. 77.) It is reasonable to construe the endorsement as intended to furnish the exclusion permitted by subdivision (e).

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