Facts

On October 28, 2022, Julia Wonn filed suit against American Family Connect Property and Casualty Insurance Company.

PLAINTIFF'S CONTENTIONS: The plaintiff contended that she was a involved in a car accident in which the vehicle in which she was a passenger struck a parked vehicle; that as a result of this collision, she suffered serious injuries; that her medical bills stemming from the accident exceeded $259,000; and that the insurance policy held by the driver had a bodily injury limit of $15,000. The plaintiff further contended that at the time of the accident, she was living with her mother; that her mother had an automobile insurance policy issued by the defendant; that the policy included uninsured/underinsured motorist coverage; and that the bodily injury coverage limit under the policy was $250,000. The plaintiff contended when she submitted a claim to the defendant, however, the defendant denied coverage; the defendant advised her she did not qualify as an insured resident relative under the policy; and that she was not entitled to any benefits under the policy. The plaintiff asserted causes of action for declaratory relief; reformation of the contract; breach of contract; breach of the implied covenant of good faith and fair dealing; and unfair business practices in violation of the Business and Professions Code.

DEFENDANT'S CONTENTIONS: The defendant denied any wrongdoing or liability. Moreover, the defendant contended that the plaintiff was not covered under the policy because she had not been identified as a resident of her mother's household; that although the plaintiff was not covered under the policy, she could be covered under the Insurance Code without regard to her mother's policy, and it paid her $15,000, which it calculated to be the amount she was entitled to under the Code.

Result

The court granted the defendant's motion to dismiss without leave to amend.