Home/California Court of Appeal/Bohlert v. Spartan Insurance

Bohlert v. Spartan Insurance

3 Cal. App. 3d 113, 83 Cal. Rptr. 515, 1969 Cal. App. LEXIS 1363
CourtCalifornia Court of Appeal
DecidedDecember 30, 1969
DocketCiv. 26264
StatusPublished
Cited by14 cases

This text of 3 Cal. App. 3d 113 (Bohlert v. Spartan Insurance) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bohlert v. Spartan Insurance, 3 Cal. App. 3d 113, 83 Cal. Rptr. 515, 1969 Cal. App. LEXIS 1363 (Cal. Ct. App. 1969).

Opinion

Opinion

RATTIGAN, J.

Stevé E. Bohlert, the insured under a motor vehicle liability insurance policy issued by Spartan Insurance Company (“Spartan”) petitioned the superior court for an order requiring Spartan to arbitrate a claim asserted by him “under the uninsured motorist provisions of said policy.” After a nonjury trial of the issues joined upon the petition and Spartan’s answer, the trial court found in Spartan’s favor and entered judgment denying relief. The sole question presented on Bohlert’s appeal is whether the liability policy did, or not, provide uninsured motorist coverage.

Because they are alleged and admitted in the pleadings or shown by uncontradicted evidence, the following facts are not disputed: Bohlert visited James F. Munroe, Spartan’s agent, at Munroe’s place of business. He asked Munroe about liability insurance coverage for his (Bohlert’s) motorcycle. Munroe filled out a Spartan application form. Bohlert signed the form and paid for the policy, which thereafter covered him and his motorcycle in terms of his liability to others. This transaction took place on July 16, 1966. Bohlert was injured by an uninsured motorist on August 10, 1966. The liability policy purchased on July 16 patently excluded uninsured motorist coverage, but it was not physically delivered to Bohlert until after he had been injured.

The significant evidence which remains (and which we necessarily examine in close detail) includes the Spartan application form completed on July 16, 1966, and the testimony of Bohlert and Munroe (received in the form of written declarations by both 1 ) concerning their transaction ■on that date. A photographic reproduction of the application follows:

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Cite This Page — Counsel Stack

Bluebook (online)
3 Cal. App. 3d 113, 83 Cal. Rptr. 515, 1969 Cal. App. LEXIS 1363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bohlert-v-spartan-insurance-calctapp-1969.