Legal Opinion

Fireman's Fund Indemnity Co. v. Industrial Accident Commission

California Court of Appeal

Decided April 28, 1964No. Civ. 21505PublishedCited by 13 opinions

1Opinion of the CourtDraper, P. J.

Is a cempensation carrier entitled to credit for payments made to an injured employee by the employer’s liability insurance carrier under the motorist clause or a medical benefits provision?

The employer’s car, driven by employee Lillian Turci in the course and scope of her employment, was struck by an automobile driven by an uninsured motorist. Miss Turci was injured. The employer’s car was covered by a public liability policy issued by Continental Casualty Co. That policy the uninsured motorist coverage required by law (Ins. Code, § 11580.2). It also contained a “medical pay” provision…

2Cases cited3 opinions

  1. Horne v. Superior Life Insurance CompanySupreme Court of Virginia · 1962
  2. Taylor v. Preferred Risk Mutual InsuranceCalifornia Court of Appeal · 1964
  3. Commissioners of State Insurance Fund v. MillerAppellate Division of the Supreme Court of the State of New York · 1957

3Cited by13 opinions

  1. Hartford Fire Ins. Co. v. MacRiCalifornia Supreme Court · 1992
  2. Allstate Insurance Company v. FuscoSupreme Court of Rhode Island · 1966
  3. Cocking v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 1970
  4. Liberty Mutual v. Kinser, Texas Court of Appeals, 4th District (San Antonio)2002
  5. COOPER BY AND THROUGH COOPER v. AplinSupreme Court of Alabama · 1988

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