Liemsakul
California Insurance Guarantee Ass'n v. Liemsakul
Opinion
Opinion
Klein, J.
Plaintiff and appellant California Insurance Guarantee Association (CIGA) appeals from a declaratory judgment in favor of defendant and respondent Visute Liemsakul (Liemsakul).
Because CIGA is entitled to a credit in the full amount of Liemsakul’s uninsured motorist (UM) coverage, the trial court erred in limiting the
credit to the amount actually recovered under said coverage. However, for the reasons stated, the appeal is dismissed.
Factual & Procedural Background
On July 6, 1982, a car driven by Liemsakul collided with a truck being driven by Manuel Barrios (Barrios) and owned by Custom Truck Service, a corporation (Custom), Barrios’s employer.
On July 14, 1982, Liemsakul filed a complaint for personal injuries, naming as defendants Custom, Barrios, and others not relevant here. At the time of the accident, Custom and Barrios were insured by Western Carriers Insurance Exchange (Western). Subsequently, on May 12, 1983, Western was declared insolvent and ordered liquidated, giving rise to the involvement of CIGA.
At the time of the subject accident, Liemsakul was an insured of State Farm Mutual Insurance Company (State Farm) under a policy that included UM…