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LOW v. GOLDEN EAGLE INS. CO.

No. A095698.

125 Cal.Rptr.2d 155 (2002)

101 Cal.App.4th 1354

Harry W. LOW, as Insurance Commissioner, etc., Plaintiff, v. GOLDEN EAGLE INSURANCE COMPANY et al., Defendants and Respondents, Fred Gluckman, et al. Claimants and Appellants.

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

Rehearing Denied October 11, 2002.

Attorney(s) appearing for the Case

Michael M. Angello, San Diego, for Appellants Fred Gluckman and Dr. Margot Aiken.

Richard P. Edwards, Koeller, Nebeker, Carlson & Haluck, for Respondent Golden Eagle Insurance Company.

Mitchell L. Lathrop, Kathy P. Waring, and Andrew R. McCloskey, Luce, Forward, Hamilton & Scripps, San Diego, for Respondent Golden Eagle Insurance Company Liquidating Trust.

PARRILLI, J.

The procedural convolutions of this 15-year-old case have resulted in what appears to be a question of first impression in insurance subrogation law: When the amount of an insured's recovery from a tortfeasor is capped due to an error in the insured's complaint, does this cap also limit the recovery of an insurer that intervenes to claim subrogation? While we recognize the long-standing rule that a subrogated...

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