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MALONE v. NATIONWIDE MUTUAL INS. CO.

Docket No. G007306.

215 Cal.App.3d 275 (1989)

263 Cal. Rptr. 499

JO ANN MALONE, Plaintiff and Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

November 3, 1989.

Attorney(s) appearing for the Case

COUNSEL

Nill, Hough & Johnston, Daniel L. Hough and Stephen C. Nill for Plaintiff and Appellant.

Parker, Stanbury, McGee, Babcock & Combs, Thomas Waddell and Michael E. McCabe for Defendant and Respondent.

OPINION

CROSBY, J.

We hold here that underinsured motorist coverage is not the equivalent of full excess coverage. As the statutory scheme is designed, the underinsured motorist carrier gets a dollar-for-dollar credit for all payments by third party tortfeasors to the insureds, whether the insureds are made whole or not. In other words, a carrier providing underinsured motorist benefits never pays the full amount, only the...

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