Schwalbe v. Jones (1976) 16 Cal.3d 514 dealt with section 11758 of the Vehicle Code. In the Schwalbe case (which was a rehearing by which the court reversed its position from April 1975), the court again considered the constitutionality of section 11758. The court upheld the statute stating that the act of the 1973 Legislature in precluding owner-passengers from recovery against the driver was not necessarily irrational. Justice Sullivan said there was scant legislative history to provide insight into the thinking of the legislators but they probably relied on a line of cases extending at least back to 1966, by which "the courts of this state had indicated that a liability insurance provision excluding the named insured or members of his family from coverage was valid and not in contravention of public policy ." ( Schwalbe, supra , pp. 520-522.)