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Bugeater35

Legal authority for "Fault re UIM

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I am inquiring about the legal authority for the concept of "fault" as it is applied to Uninsured Motorist Insurance in California. Specifically I am interested in the establishment of "fault" when filing a claim for Waiver of Collision Deductibles when an uninsured motorist is involved in an accident. I have not found any reference to "fault" in this, or any, regard in the California Insurance Code or California Code of Regulations. Subdivision 11580.26 (a) & (B) of the Insurance Code provides the requirements for the waiver of the deductible provision and the insurer's obligation to pay that cost when an uninsured vehicle is involved in an accident (establishment of fault is not a listed condition). The subdivision also provides that the insured is entitled to these costs if otherwise "legally entitled" to them. On what legal authority would an insurer rely upon to deny this waiver clause (waiver rider elected and premiums paid) if the uninsured motorist was not found to be at fault, e.g., California statute, regulation or precedent court/administrative case?

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