Martinez
Martinez v. Mercury Ins. Co. CA2/1
Opinion
Opinion
Johnson, J.
BACKGROUND
I. Martinez’s automobile insurance policy
In 2004 or 2005, Martinez obtained an automobile insurance policy issued by Mercury that included “no excess, no reimbursement” medical payment coverage with a policy limit of $5,000. Under this coverage, Mercury had an obligation to provide payment of Martinez’s medical bills incurred as a result of injuries sustained in an automobile collision, without regard to fault, up to the $5,000 policy limit. Even if Martinez recovered damages from a third-party responsible for the automobile accident, he had no obligation to provide reimbursement to Mercury of any such payments received from third-party sources. In contrast with this “primary” coverage purchased by Martinez, “secondary” medical payment coverage would require the insured to reimburse the insurer upon any third-party recovery.
II. Martinez’s automobile accident and subsequent injuries
On March 17, 2011, as Martinez drove his 1994 Honda Accord with four passengers (his two children and his girlfriend’s two children) near Downey in Los
1As discussed below, after the March 17, 2011 collision Mercury incorrectly told Martinez that he had secondary medical…