Is a policy of exclusionary provisions in a personal injury policy valid on equal protection grounds?

California, United States of America


The following excerpt is from 2 Century Ins. Co. v. Stuart, 129 Cal.App.3d 370, 181 Cal.Rptr. 61 (Cal. App. 1982):

It is settled that, when properly drawn, exclusions of the kind here involved do not offend public policy principles or constitutional considerations having to do with equal protection and are therefore valid against objections on those grounds. (See Farmers Ins. Exchange v. Cocking (1981) 29 Cal.3d 383, 173 Cal.Rptr. 846, 628 P.2d 1.) It is likewise the case, however, that when such exclusions go beyond the scope of persons insured under a policy, the statutory permission to exclude granted by Insurance Code section 11580.1, subd. (c), 1 has been exceeded, in such fashion as to invalidate the purported exclusionary clause. (See Phelps v. Allstate Ins. Co. (1980) 106 Cal.App.3d 752, 165 Cal.Rptr. 263.)

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