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FARMERS INS. EXCHANGE v. SMITH

No. G019626.

83 Cal.Rptr.2d 911 (1999)

71 Cal.App.4th 660

FARMERS INSURANCE EXCHANGE et al., Plaintiffs and Respondents, v. Michael F. SMITH, Defendant and Appellant.

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

April 21, 1999.

Attorney(s) appearing for the Case

Michael F. Smith, in pro. per., for Defendant and Appellant.

Michael R. Lea for Plaintiff and Respondent Farmers Insurance Exchange.

Paul T. Locke, Anaheim, for Plaintiff and Respondent Colonial Penn Insurance Company.

OPINION

SILLS, P.J.

The central question in this case is whether an insurer can, in effect, press-gang a policyholder's personal injury attorney into service as a collection agent when the policyholder receives medical payments from the insurer and then later recovers from a third party tortfeasor. As one might guess from the verb "press-gang," the answer is no. The theory put forward by the insurer here amounts to a genteel form of involuntary service as...

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