Legal Opinion
Mercury Insurance v. Vanwanseele-Walker
California Court of Appeal
Decided January 10, 1996No. D019836PublishedCited by 10 opinions
1Opinion of the Court
Opinion
HALLER, J.
A passenger is fatally injured in a single-vehicle accident. The passenger’s heirs recover money from the negligent driver’s insurer and from the car manufacturer. The negligent driver’s insurance policy limits are less than the passenger’s underinsurance motorist policy limits. Must the heirs’ recovery under the passenger’s underinsurance policy be offset by the amount received from the car manufacturer? As we shall explain, the answer clearly mandated by Insurance Code section 11580.2, subdivision (PX4) 1 is that the insurance benefits are reduced by the amount received…
2Cases cited8 opinions
- Quintano v. Mercury Casualty Co.California Supreme Court · 1995
- Rudd v. California Casualty General InsuranceCalifornia Court of Appeal · 1990
- Hartford Fire Ins. Co. v. MacRiCalifornia Supreme Court · 1992
- State Farm Mutual Automobile Insurance Co. v. MessingerCalifornia Court of Appeal · 1991
- Fagundes v. American International Adjustment Co.California Court of Appeal · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ronay Family Limited Partnership v. TweedCalifornia Court of Appeal · 2013
- Farmers Insurance Exchange v. HurleyCalifornia Court of Appeal · 1999
- Lederer v. Schneider, California Court of Appeal, 5th District2018
- Jensen v. AMGEN INC.California Court of Appeal · 2003
- Elliott v. Geico Indemnity Co.California Court of Appeal · 2014
5 more not listed; retrieve them via the Exa API.