Allstate Insurance v. County of Alameda

This is an appeal from a judgment following the granting of respondent’s motion for summary judgment. The basis for the judgment was that the cause of action alleged in the complaint was barred by the claims requirements of the Government Code.

Appellant Allstate Insurance Company filed a complaint in subrogation against respondent County of Alameda and others on September 20, 1971, alleging that on June 12, 1969, Denise Lucchesi, a minor (hereinafter referred to as “the insured”) was riding in an uninsured automobile driven by another on Santos Ranch Road in Alameda County. It was also alleged that the road had been negligently designed, constructed and maintained, was in dangerous condition, and, as a proximate result, the car went out of control, leaving the road and causing injury to the insured. It is undisputed that the insured never filed a claim with the respondent.

On February 4, 1971, appellant reached a minor’s compromise with the insured (through her guardian ad litem) in the amount of $11,779.11, which was approved by the superior court. On March 17, 1971, appellant filed a claim in subrogation for the $11,779.11, against respondent, the County of Alameda,…