MERCURY CAS. CO. v. MALONEY

No. D040282

6 Cal.Rptr.3d 647 (2003)

113 Cal.App.4th 799

MERCURY CASUALTY COMPANY, Plaintiff and Appellant, v. Sharla Rae MALONEY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One

November 25, 2003


Attorney(s) appearing for the Case

Horvitz & Levy, Mitchell C. Tilner, John A. Taylor, Jr., Encino, O'Connor, Schmeltzer & Rose, Lee P. O'Connor and Kimberly I. McIntyre, Irvine, for Plaintiff and Appellant.

Hulbert & Bunn, Benjamin C. Bunn, R. Christian Hulbert, LaFave & Rice and John J. Rice for Defendant and Respondent.


McINTYRE, J.

In this case, an automobile passenger was injured in an accident and received payment of medical bills under the medical payment provision of an automobile liability policy covering the driver of the car in which she was riding. The issue presented is whether the passenger is obligated to reimburse the insurer, as required under the policy, for the amount of such payments from proceeds she received in settling...

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