ATLANTIC NAT. INS. CO. v. ARMSTRONG

Docket No. L.A. 27804.

65 Cal.2d 100 (1966)

416 P.2d 801

52 Cal. Rptr. 569

ATLANTIC NATIONAL INSURANCE COMPANY, Plaintiff, Cross-defendant and Respondent, v. JOSEPH A. ARMSTRONG, as Administrator, etc., Defendant and Appellant; DARLINE McKEOWN et al., Defendants, Cross-complainants and Appellants; THE HERTZ CORPORATION, Cross-defendant and Respondent.

Supreme Court of California. In Bank.

August 15, 1966.


Attorney(s) appearing for the Case

Betts & Loomis and Ingall W. Bull, Jr., for Defendant and Appellant and for Defendants, Cross-complainants and Appellants.

Moss, Lyon & Dunn, Gerold C. Dunn and Henry F. Walker for Plaintiff, Cross-defendant and Respondent.

No appearance for Cross-defendant and Respondent.


MOSK, J.

Defendants and cross-complainants appeal from a declaratory judgment for plaintiff and cross-defendants in an action to determine the rights of the parties under an insurance policy. The primary issue is whether an insurer is permitted to exclude from a motor vehicle liability policy coverage for injuries sustained by occupants of the insured automobile. We have concluded that such an exclusion is contrary to the public policy set forth in Wildman...

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