Komorsky v. Farmers Insurance Exchange

Plaintiff appealed a judgment in favor of Farmers Insurance Exchange and Truck Insurance Exchange after the trial court determined that she was entitled to coverage under the Farmers policy as an heir of an insured under Insurance Code section 11580.2, subdivision (a)(1), but was not entitled to coverage under the Truck umbrella policy.The Court of Appeal affirmed the trial court's judgment and held that it properly ruled that plaintiff was not entitled to the uninsured motorist coverage under the Truck umbrella policy, because section 11580.2, subdivision (a)(1) did not modify the language of the Truck uninsured motorist endorsement and the endorsement governed who would be paid by Truck. The court also held that the trial court properly denied leave to file a second amended complaint; plaintiff was not entitled to coverage by estoppel; and the complaint failed to allege facts sufficient to justify reformation. View "Komorsky v. Farmers Insurance Exchange" on Justia Law