Legal Opinion

Allstate Insurance v. Mel Rapton, Inc.

California Court of Appeal

Decided January 25, 2000No. C023438PublishedCited by 28 opinions

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

  1. Rossmoor Sanitation, Inc. v. Pylon, Inc.California Supreme Court · 1975
  2. Sanderson v. NiemannCalifornia Supreme Court · 1941
  3. Wulfjen v. DoltonCalifornia Supreme Court · 1944
  4. Orselet v. DeMatteoSupreme Court of Connecticut · 1988
  5. Offer v. Superior CourtCalifornia Supreme Court · 1924

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3Cited by28 opinions

  1. Chandler v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Ninth Circuit · 2010
  2. Intri-Plex Technologies, Inc. v. Crest Group, Inc.Court of Appeals for the Ninth Circuit · 2007
  3. Gonzales v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2014
  4. Border Business Park, Inc. v. City of San DiegoCalifornia Court of Appeal · 2006
  5. Hodge v. KIRKPATRICK DEVELOPMENT, INC.California Court of Appeal · 2005

23 more not listed; retrieve them via the Exa API.

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