Ayala

Mercury Insurance v. Ayala

Good Law
11 Cal. Rptr. 3d 158·116 Cal. App. 4th 1198·2004 Cal. App. LEXIS 344·2004 Daily Journal DAR 3441·2004 Cal. Daily Op. Serv. 2361
Court of Appeal of CaliforniaMarch 17, 2004B165390California4,476 words

Opinion

Lead Opinion

Armstrong, J.

This case, which concerns uninsured motorist coverage, comes to us after judgment was entered in favor of respondent Mercury Insurance Company on its complaint for declaratory relief and on the cross-complaint for declaratory relief, breach of contract, and bad faith filed by the insureds, appellants Maria Medina and her husband Francisco Ayala. We afiSrm.

Factual and Procedural Summary

In October of 1991, Medina was stmck by a car driven by an uninsured motorist. She worked for Robinsons-May, and the accident took place in the employee parking lot. Robinsons-May, which is self-insured for workers’ compensation claims, paid her medical and other expenses in an amount which exceeded $15,000.

Medina and Ayala 1 had automobile insurance with Mercury. The declarations page lists uninsured motorist bodily injury coverage limits of $15,000 per person and $30,000 per accident. Ayala and Medina made claims under that coverage. Mercury denied the claims, then sued for declaratory relief, seeking a declaration that both claims were subject to a single $15,000 per person limit and that the limit was exhausted because it was reduced by the *1201 workers’ compensation benefits paid…

Concurring Opinion

Turner, J.

I concur in all of the analysis in the majority opinion except that I would resolve the admissibility of evidence issue on the judicial admission ground asserted by plaintiff.

Opinion

Certified for Partial Publication [*]

This case, which concerns uninsured motorist coverage, comes to us after judgment was entered in favor of respondent Mercury Insurance Company on its complaint for declaratory relief and on the cross-complaint for declaratory relief, breach of contract, and bad faith filed by the insureds, appellants Maria Medina and her husband Francisco Ayala. We affirm.

In October of 1991, Medina was struck by a car driven by an uninsured motorist. She worked for Robinsons-May, and the accident took place in the employee parking lot. Robinsons-May, which is self-insured for workers' compensation claims, paid her medical and other expenses in an amount which exceeded $15,000.

Medina and Ayala [1] had automobile insurance with Mercury. The declarations page lists uninsured motorist bodily injury coverage limits of $15,000 per person and $30,000 per accident. Ayala and Medina made claims under that coverage. Mercury denied the claims, then sued for declaratory relief, seeking a declaration that both claims were subject to a single $15,000 per person limit and that the limit was exhausted because it was reduced by the workers' compensation…

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