SAPIANO v. WILLIAMSBURG NAT. INS. CO.

Docket No. B074441.

28 Cal.App.4th 533 (1994)

33 Cal. Rptr.2d 659

ANTHONY R. SAPIANO, Plaintiff and Respondent, v. WILLIAMSBURG NATIONAL INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

September 20, 1994.


Attorney(s) appearing for the Case

COUNSEL

Spray, Gould & Bowers, Wallace, Grantham & Schwartz, George M. Wallace and Lea H. Grantham for Defendant and Appellant.

Curtis L. Gemmil and Jerry L. Rowley for Plaintiff and Respondent.


OPINION

VOGEL (C.S.), J.

This declaratory relief action construes a subrogation clause in a commercial vehicle insurance policy. The trial court held the insurer cannot assert its contractual right to repayment from the insured's recovery against the third party tortfeasor, because the total amount available from the insurance and the third party is insufficient to compensate the full loss suffered by the insured. We affirm.

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