Hellman

Hellman v. Great American Insurance

Good Law
136 Cal. Rptr. 24·1977 Cal. App. LEXIS 1128·66 Cal. App. 3d 298
Court of Appeal of CaliforniaJanuary 25, 1977Civ. 38399California2,852 words

Opinion

Opinion

Weinberger, J.

Appellant Denise Hellman filed a declaratory relief action in the superior court seeking to recover on the medical payments coverage contained in an automobile liability insurance policy issued by respondent Great American Insurance Company (Great American) to appellant’s parents. She was covered as an additional insured by reason of residency in her parents’ home. This appeal is from a summary judgment entered in favor of respondent.

The undisputed facts are that appellant was injured in an automobile accident while she was riding as a passenger in a vehicle insured by United Services Automobile Association (USAA). The USAA policy afforded automobile medical payments coverage in the amount of $5,000, subject to an “other insurance” clause. As the result of the accident the appellant incurred medical expenses in the sum of $6,998.64 of which $5,798.64 was reimbursed by Founders Life Insurance Company (Founders) pursuant to the terms of a medical plan underwritten by said company. The trial court found that this was the full limit of Founders’ liability under its policy. USAA, pursuant to the terms of its policy, paid the $1,200 unpaid loss sustained by appellant, and no…

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