Low, Ball & Lynch’s

WEEKLY LAW RESUME

November 25, 2004 Issue   By: Raymond Coates

Uninsured Motorist Coverage - Multiple Policies

Atlantic Mutual Insurance Company v. Roberto Ruiz

Court of Appeal, Sixth District

(November 5, 2025)

 

When a motorist is injured outside of his vehicle, issues are raised about the entitlement to coverage for uninsured motorist coverage, as well as whether multiple policies apply.  This case tackled those issues.

Cristobol Tavares was driving a Toyota Camry and struck a pickup truck driven by Ruiz and then a van owned by Group Manufacturing Services, Inc., of California.  Ruiz, who was uninjured, exited the truck owned by his employer, and walked to the Group Manufacturing van to determine the driver's condition.  When he arrived at the van, he assisted a passenger out of the vehicle and then attempted to speak to the driver.  As he was doing so, he was struck by an underinsured motorist who was driving a minivan.

Ruiz received workers' compensation benefits and recovered from the driver of the vehicle that struck him.  He further made claim for underinsured motorist benefits from American States Insurance Company, which insured his employer's vehicle, and Atlantic Mutual Insurance Company, which insured the Group Manufacturing van.  Both policies provided $1 million in underinsured motorist benefits.  Both denied the claim.

This declaratory relief action was filed to determine whether either policy provided coverage for the claim.  The trial court determined that Ruiz was not occupying his van at the time of the accident and thus was not covered under the UM provisions of the American States policy.  The trial court found that Ruiz was insured under the Atlantic Mutual policy based upon his closeness to that vehicle and assisting someone out of the vehicle.  Atlantic Mutual appealed, as did Ruiz.

The Court of Appeal affirmed.  As to the Atlantic Mutual policy, Ruiz had to qualify as an insured as defined in that policy.  It defined the term as "anyone occupying a covered vehicle," and "occupying" was defined as "in, upon, getting in, on, out, or off the vehicle."  The only way in which Ruiz qualified as an insured was whether he was "upon" the vehicle.

Going to dictionaries, the Court concluded the term "upon" meant in close proximity to the vehicle.  The Court noted the Atlantic Mutual policy did not limit coverage to those using the vehicle.  The Court looked to the uninsured motorist statute, Insurance Code section 11580.2, and determined that the definition of "insured" as set forth in the statute did not require the person to have been using the insured vehicle with permission.

The Court stated Ruiz was adjacent to the Group Manufacturing van when struck.  He was attempting to assist the passenger and speak to the van's driver regarding the accident.  The Court concluded that he was therefore "upon" the van and qualified as an insured within the meaning of the Atlantic Mutual UM coverage provisions.

As to the American States UM endorsement, the Court felt Ruiz had temporarily abandoned the van he had been driving.  He was some distance from that vehicle when injured.  The Court stated he was no longer "upon" the vehicle in a physical sense.  Thus, he did not qualify as an "insured" within the meaning of the American States UM endorsement.

The judgment was affirmed.

COMMENT

This case interpreted policy language which applies to one who was not the named insured.  It contains a long discussion of the cases that cover this issue.

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