Pikover v. Liberty Mutual Fire Ins. Co. CA2/7
Jerry Pikover was injured when the sports utility vehicle in which he was a passenger was struck by a second vehicle that had just collided with a big rig truck on the eastbound Interstate 210 freeway. The truck driver failed to stop at the scene.
After the SUV owner’s insurance carrier, United Financial Casualty Company (UFCC), and Pikover’s automobile insurer, Liberty Mutual Fire Insurance Company, denied his claims, Pikover sued both insurers for breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court granted UFCC’s and Liberty Mutual’s motions for summary judgment and entered judgments in their favor, ruling the undisputed facts established that Pikover had failed to comply with Insurance Code section 11580.2, subdivision (i), which sets forth three alternative prerequisites for bringing an action under the uninsured motorist provision of an insurance policy, and Pikover’s arguments as to why section 11580.2, subdivision (
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