Planet Insurance v. United Services Automobile Ass'n

Good Law
1994 Cal. App. LEXIS 283·23 Cal. App. 4th 1256·29 Cal. Rptr. 2d 100·94 Daily Journal DAR 4309·59 Cal. Comp. Cases 215
Court of Appeal of CaliforniaMarch 25, 1994G013373California3,468 words

Opinion

Lead Opinion

Sonenshine, J.

United Services Automobile Association (USAA) appeals a judgment entered in favor of Planet Insurance Company (Planet) in a declaratory relief action. The action sought reimbursement from USAA for uninsured motorist coverage benefits paid by Planet to Katherine Sanguinetti.

I

Katherine was involved in an accident with an uninsured motorist. The automobile she was driving was owned by Dodge Central of Anaheim *1259 (Dodge), a customer of her employer, Community Tire of Brea (Community). Dodge was insured by Home Insurance Company (Home) with a $15,000 uninsured motorist limit: Community was insured by Planet with a $60,000 limit; and Kenneth Sanguinetti, Katherine’s father, was insured by USAA with a $100,000 limit.

Katherine received workers’ compensation benefits in the amount of $22,500 and uninsured motorist benefits from Planet in the amount of $60,000. Home declined to pay her uninsured motorist claim because of a workers’ compensation offset clause in its policy. USAA denied Katherine’s claim based on its “other insurance” clause which provided: “If there is other applicable similar insurance we will pay only our share of the loss. Our share is the proportion…

Concurring Opinion

Wallin, J.

I concur in the result only.

I also wish to point out that we are not deciding Home Insurance was entitled to offset the workers’ compensation payment to Katherine Sanguinetti and thereby avoid uninsured motorist liability. As this case is presented, that offset is a fait accompli.

A petition for a rehearing was denied April 21, 1994.

Opinion

United Services Automobile Association (USAA) appeals a judgment entered in favor of Planet Insurance Company (Planet) in a declaratory relief action. The action sought reimbursement from USAA for uninsured motorist coverage benefits paid by Planet to Katherine Sanguinetti.

Katherine was involved in an accident with an uninsured motorist. The automobile she was driving was owned by Dodge Central of Anaheim (Dodge), a customer of her employer, Community Tire of Brea (Community). Dodge was insured by Home Insurance Company (Home) with a $15,000 uninsured motorist limit; Community was insured by Planet with a $60,000 limit; and Kenneth Sanguinetti, Katherine's father, was insured by USAA with a $100,000 limit.

Katherine received workers' compensation benefits in the amount of $22,500 and uninsured motorist benefits from Planet in the amount of $60,000. Home declined to pay her uninsured motorist claim because of a workers' compensation offset clause in its policy. USAA denied Katherine's claim based on its "other insurance" clause which provided: "If there is other applicable similar insurance we will pay only our share of the loss. Our share is the…

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