Holcomb

This is an appeal from a judgment in an action for declaratory relief, the impetus for which was an automobile accident. Plaintiff, William Holcomb, sought a declaration of his rights under the uninsured motor vehicle provisions of an insurance policy issued him by defendant, Hartford Casualty Insurance Company (Hartford), The trial court concluded Hartford was obligated to pay full coverage without reduction for amounts paid to plaintiff on behalf of an underinsured motorist or for amounts paid to plaintiff under the medical expense portion of the policy. On appeal, Hartford contends these reductions are authorized respectively by Insurance Code section 11580.2, subdivision (p)(4) and its policy. We conclude Hartford is correct with respect to amounts paid plaintiff on behalf of an underinsured motorist but not with respect to amounts paid plaintiff under the medical expense coverage of plaintiff’s.policy.

The facts are undisputed. On January 3, 1987, plaintiff was injured when a vehicle in which he was a passenger was involved with another vehicle in an accident. The vehicle carrying plaintiff was insured by Montgomery Ward Insurance Company (Montgomery Ward) under a…