State Farm Mutual Automobile Insurance v. Spann

Opinion

GABBERT, J.

Appellant William Spann timely appeals an adverse judgment entered on April 7, 1972, in an action which was brought by respondent both for declaratory relief and for a permanent injunction against uninsured motorist arbitration. The judgment enjoins such arbitration, holding appellant’s accident and consequent injuries did not arise out of the ownership, maintenance, or use of an uninsured motor vehicle. Appellant here attacks this determination on the ground the trial court disregarded its duty to liberally construe policy provisions in favor of the insured party. Respondent defends the judgment on the ground, among others, that no evidence was adduced at the hearing to show the uninsured

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motorist was “maintaining” or “using” his uninsured vehicle at the time of the accident.

On or about September 26, 1970, at approximately 12:30 a.m., Spann was driving his 1968 Sand Buggy south in the number three lane—the slow lane—of southbound traffic on the Santa Ana Freeway. At that time, Spann had in force a policy of insurance with State Farm which provided uninsured motorist coverage for damages the responsibility of “the owner or operator of an uninsured motor vehicle . . . [due to] bodily injury sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured motor vehicle. . . .”

At that time and place, one Vinicio H. Mendoza was on foot in the middle of the southbound number three lane. Spann observed Mendoza and applied his brakes momentarily before striking Mendoza with the front of his vehicle. The

impact

between the vehicle and Mendoza took place while Mendoza was still in the same location, i.e., the middle of the southbound number three lane. Mendoza, who died from injuries suffered in the accident, had a blood alcohol level of at least 0.28 percent at the time of the accident.

Following the impact with Mendoza, Spann’s vehicle went out of control and struck a guard rail located south of the original point of impact with Mendoza. This second impact with the guard rail caused the injuries for which Spann claims coverage under the terms of his uninsured motorist policy with State Farm.