Opinion
Page 773c
105 Cal.App.4th 773c ___Cal.Rptr.2d___ NGOC TRAN, Plaintiff and Appellant, v. FARMERS GROUP, INC., et al., Defendants and Respondents. A093437 California Court of Appeal, First District, Third Division January 27, 2003[Modification of opinion (104 Cal.App.4th 1202; 128 Cal.Rptr.2d 728) on denial of petition for rehearing.]
This modification requires editorial changes to the summary, page 1202. The first sentence in the second paragraph will be changed to read, "The Court of Appeal reversed the judgment as to two defendants, directing the trial court to enter orders overruling defendants' demurrer and denying the motion for summary adjudication." This modification also requires the movement of text affecting pages 1206-1207 and 1213-1220 of the bound volume report.
OPINION
THE COURT.
Respondents' petition for rehearing is denied. The opinion filed herein on December 27, 2002, is modified as follows:
On page 10, the following footnote is added at the end of the second sentence in the second paragraph [104 Cal.App.4th 1213, advance report, 3d full par., line 4], following the quotation from section 1305:
"In a petition for rehearing, respondents insist the attorney-in-fact executes contracts on behalf of subscribers in the subscribers' capacity as insurers, not insureds. However, California law has long since abandoned the notion that subscribers act as both insurers and insureds. Section 1303 states the exchange "shall be deemed the insurer while each subscriber shall be deemed an insured." (See Lee v. Interinsurance Exchange, supra, 50 Cal.App.4th at p. 704.) Respondents claim it is nonsensical to suppose a subscriber, as insured, appoints the attorney-in-fact to issue a policy to herself. However, that is in legal effect what the statutes provide. The exchange's contracts are executed by the attorney-in-fact, which derives its authority from the powers of attorney executed by the subscribers. (§ 1305.)"
On page 18 [104 Cal.App.4th 1220, advance report], the following is substituted as the first sentence of the Disposition: "The judgment is reversed as to Farmers Group and Truck Underwriters Association."
There is no change in the judgment.