Ellison v. California State Automobile Ass'n

OPINION

The sole issue in this appeal is whether a medical payments setoff or crediting provision contained in an automobile insurance policy is enforceable and prevents an insured from recovering twice for medical payments under separate provisions of the policy which independently provide medical payments recovery for personal injuries. We hold that it does and affirm the decision of the district court.

The Facts

Appellant Karen Ellison (Ellison) was insured under an automobile insurance policy from respondent California State Automobile Association (CSAA). The policy provided both medical…