Legal Opinion
Griffin v. Calistro
California Court of Appeal
Decided April 10, 1991No. B050104PublishedCited by 7 opinions
1Opinion of the Court
Opinion
GILBERT, J.
Plaintiffs Kathleen and August Griffin appeal an order enforcing a judicial settlement. We reverse and hold Insurance Code section 11583 1 does not permit defendants to deduct from settlement proceeds an advance payment made to plaintiffs’ insurer-subrogee.
Facts
On April 13, 1987, defendant David Frank Calistro collided with an automobile driven by plaintiff Kathleen Ann Griffin. Griffin suffered personal injuries from the accident and her automobile was significantly damaged. Her insurer paid her $2,713 for damages to her automobile and thereafter filed a subrogation claim…
2Cases cited5 opinions
- Rossmoor Sanitation, Inc. v. Pylon, Inc.California Supreme Court · 1975
- Offer v. Superior CourtCalifornia Supreme Court · 1924
- Deutschmann v. Sears, Roebuck & Co.California Court of Appeal · 1982
- Haskel Engineering & Supply Co. v. Hartford Accident & Indemnity Co.California Court of Appeal · 1978
- Donohue v. Highlands Underwriters InsuranceCalifornia Court of Appeal · 1988
3Cited by7 opinions
- Intri-Plex Technologies, Inc. v. Crest Group, Inc.Court of Appeals for the Ninth Circuit · 2007
- Maryland Casualty Co. v. Nationwide InsuranceCalifornia Court of Appeal · 1998
- Hodge v. KIRKPATRICK DEVELOPMENT, INC.California Court of Appeal · 2005
- Allstate Insurance v. Mel Rapton, Inc.California Court of Appeal · 2000
- Monterey Homes Arizona, Inc. v. Federated Mutual InsuranceCourt of Appeals of Arizona · 2009
2 more not listed; retrieve them via the Exa API.