(Because Uninsured / Underinsured Motorist Coverage is
Considered First Party Coverage, Excess Policy Affording Third
Party Coverage Did Not Provide Uninsured / Underinsured Motorist
Coverage, Notwithstanding Following Form Insuring
Agreement)
In Haering v. Topa Ins. Co., 244 Cal.App.4th 725
(February 3, 2016), the California Second District Court of Appeal
affirmed the trial court’s entry of judgment in favor of Topa
Insurance Company (“Topa”) relative to whether an
excess following form policy issued by Topa afforded uninsured /
underinsured motorist coverage.
The plaintiff, Larry Haering, is the owner of California Fleet,
Inc. (“California Fleet”) which was an insured under a
primary insurance policy issued by State National Insurance Company
with a policy period of December 9, 2011 to December 9, 2012.
California Fleet was also an insured under an excess liability
policy issued by Topa Insurance Company for the same policy period.
The Topa policy designated
