Allstate Insurance v. Mel Rapton, Inc.
California Court of Appeal
1Opinion of the Court
Opinion
SCOTLAND, P.J.
This appeal involves a common situation. A person whose car is damaged by someone else’s negligence tenders a claim to her insurance company. The company pays off, but its policy does not cover all of the damages. Hence, the policyholder files a small claims action against the tortfeasor to recover uninsured losses.
After the policyholder in this case obtained a small claims judgment in her favor, her insurance company brought a subrogation action against the tortfeasor to recover what the insurance company had paid to the policyholder to cover losses she suffered as a…
2Cases cited36 opinions
- Rossmoor Sanitation, Inc. v. Pylon, Inc.California Supreme Court · 1975
- Sanderson v. NiemannCalifornia Supreme Court · 1941
- Wulfjen v. DoltonCalifornia Supreme Court · 1944
- Orselet v. DeMatteoSupreme Court of Connecticut · 1988
- Offer v. Superior CourtCalifornia Supreme Court · 1924
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3Cited by28 opinions
- Chandler v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Ninth Circuit · 2010
- Intri-Plex Technologies, Inc. v. Crest Group, Inc.Court of Appeals for the Ninth Circuit · 2007
- Gonzales v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2014
- Border Business Park, Inc. v. City of San DiegoCalifornia Court of Appeal · 2006
- Hodge v. KIRKPATRICK DEVELOPMENT, INC.California Court of Appeal · 2005
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