If a named relative is injured in a motor vehicle accident, can he and his heirs recover damages for bodily injury or wrongful death arising out of physical contact with the named relative or with any automobile which he was occupying?

Fourth, and related to the last point, it must be conceded that the named relative and his heirs would be insured for all sums within the policy limits which he or they, as the case might be, would be legally entitled to recover as damages for bodily injury or wrongful death arising out of physical contact of an uninsured motor vehicle with the named relative or with any automobile which he was occupying, so long as the named relative was not operating the latter automobile. The rational ground for the exclusion is that the driving record of the excluded person is so poor that the insurer does not wish to risk the exposure. (See Abbott v. Interinsurance Exchange (1968) 260 Cal.App.2d 528, 530, 67 Cal.Rptr. 220; and Bohrn v. State Farm etc. Ins. Co. (1964) 226 Cal.App.2d 497, 500, fn. 1., 38 Cal.Rptr. 77.) Theoretically this objection is of [272 Cal.App.2d 231] little relevance under the uninsured motorist coverage, because

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