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ALLSTATE INS. CO. v. SUPERIOR COURT

No. D049427.

60 Cal.Rptr.3d 782 (2007)

151 Cal.App.4th 1512

ALLSTATE INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Tony Delanzo, Real Party in Interest.

Court of Appeal of California, Fourth District, Division One.

June 14, 2007.

Attorney(s) appearing for the Case

Luce, Forward, Hamilton & Scripps, Peter H. Klee, San Diego, and John T. Brooks for Petitioner.

No appearance for Respondent.

Robert S. Gerstein; Law Offices of Sheldon A. Ostroff and Sheldon A. Ostroff; Huffman & Kostas, James C. Kostas and David M. Huffman, San Diego, for Real Party in Interest.

HALLER, J.

An insurer that pays benefits to its insured under a first party policy is generally entitled to reimbursement from funds paid by the third party wrongdoer for the covered losses. One exception to this rule is the common law "made-whole" doctrine, which provides that an insurer is not entitled to these funds unless the insured has been made whole by the recovery...

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