Cal. Codes
» Insurance Code / DIVISION 2. CLASSES OF INSURANCE / PART 3. LIABILITY, WORKERS' COMPENSATION, AND COMMON CARRIER LIABILITY INSURANCE / CHAPTER 1. General Regulations / ARTICLE 2. Actions on Policies Containing Liability Provisions
The Legislature declares it to be the public policy of this state to avoid so far as possible conflicts and litigation, with resulting court congestion, between and among injured parties, insureds, and insurers concerning which, among various policies of liability insurance and the various coverages therein, are responsible as primary, excess, or sole coverage, and to what extent, under the circumstances of any given event involving death or injury to persons or property caused by the operation or use of a motor vehicle.
The Legislature further declares it to be the public policy of this state that Section 11580.9 of the Insurance Code expresses the total public policy of this state respecting the order in which two or more of such liability insurance policies covering the same loss shall apply, and such public policy is not to be changed or modified by any provision of the Vehicle Code except in those express cases where the requirements of Article 2 (commencing with Section 16450) of Chapter 3 of Division 7 of the Vehicle Code apply with regard to a policy of liability insurance certified as provided in Section 16431 of the Vehicle Code.
Notes of Decisions
Transp. Indem. Co. v. Alo, 118 Cal. App. 3d 143 (Cal. Ct. App. 1981).
· cites it 2× “9, quoted above, was enacted to reduce the volume of cases in this area (Ins. Code, § 11580.8; 4 Ohio Cas. Ins. Co.”
CSE Ins. Grp. v. Northbrook Prop. & Cas. Co., 94 Cal. Daily Op. Serv. 2543 (Cal. Ct. App. 1994).
“1 ; Ins. Code, § 11580.8.) (2a) In effect, each insurer here asks us to implement the language in its policy and ignore the language in the other policy.”
Gov't Employees Ins. v. Gibraltar Cas. Co., 184 Cal. App. 3d 163 (Cal. Ct. App. 1986).
· cites it 2× “Insurance Code section 11580.8 provides in pertinent part: "The Legislature further declares it to be the public policy of this state that Section 11580.”
Mission Ins. v. Hartford Ins., 155 Cal. App. 3d 1199 (Cal. Ct. App. 1984).
“) Insurance Code section 11580.8 provides in relevant part: “The Legislature declares it to be the public policy of this state to avoid so far as possible conflicts and litigation, with resulting court congestion, between and among injured parties, insureds, and insurers…”
Transp. Indem. Co. v. Royal Ins., 189 Cal. App. 3d 250 (Cal. Ct. App. 1987).
“9 contains a number of subdivisions designed to cover many common coverage dispute situations; each addresses a different set of factual circumstances and identifies which policies will be deemed primary and which policies will be deemed excess.”
Pac. Intermountain Express v. Nat'l Union Fire Ins., 151 Cal. App. 3d 777 (Cal. Ct. App. 1984).
“” (Ins. Code, § 11580.8.) Nothing in the language or legislative history of this section indicates that this phrase should be construed to cover certificates of self-insurance.”
Grand Rent a Car Corp. v. 20th Century Ins., 25 Cal. App. 4th 1242 (Cal. Ct. App. 1994).
“” (Ins. Code, § 11580.8.) A certificate of self-insurance issued pursuant to Vehicle Code section 16053 is a policy of automobile liability insurance.”
Interinsurance Exch. of the Auto. Club v. Spectrum Inv. Corp., 209 Cal. App. 3d 1243 (Cal. Ct. App. 1989).
“If the Legislature wants to hold automobile rental companies primarily liable for accidents involving their rental vehicles, it must adopt a consistent statutory framework for doing so, no matter what form of “insurance” the company chooses.”
Argonaut Ins. v. Colonial Ins., 70 Cal. App. 3d 608 (Cal. Ct. App. 1977).
“The Fireman’s policy was issued March 1, 1971, for a one-year period and is thus subject to section 11580.”
CSE Ins. Grp. v. Northbrook Prop. & Cas. Co., 23 Cal. App. 4th 1839 (Cal. Ct. App. 1994).
“1 ; Ins. Code, § 11580.8.) In effect, each insurer here asks us to implement the language in its policy and ignore the language in the other policy.”
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