Let’s Split This? No, You Pay For The Underinsured Motorist Who Caused The Collision.

A man was injured in an auto accident and settled with the underinsured motorist who caused the collision.  The injured man then claimed $62,500 in loss under the uninsured motorist coverage in both of the two policies that covered himself.  One insurance company relies on Insurance Code section 11580.2, subdivision (c)(2), to argue it owes nothing [“The insurance coverage provided for in this section does not apply either as primary or as excess coverage: (2) To bodily injury of the insured while in or upon or while entering into or alighting from a motor vehicle other than the described motor vehicle if the owner thereof has insurance similar to that provided in this section.”] The other insurance company argues it is section 11580.2, subdivision (d) [“(d) Subject to paragraph (2) of subdivision (c), the policy or endorsement may provide that if the insured has insurance available to the insured under more than one uninsured motorist coverage provision, any damages shall not be deemed to exceed the higher of the applicable limits of the respective coverages, and the damages shall be prorated between the applicable coverages as the limits of each coverage bear to the total of the limits.”] that applies and the claim should be allocated between the two companies.  Both the trial and appellate court found section 11580.2, subdivision (d), controls and both insurance policies are implicated. Progressive Choice Insurance Company v. California State Automobile Association Inter-Insurance Bureau  (Cal. App. Second Dist., Div. 4; August 12, 2013) 218 Cal.App.4th 1145.