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21ST CENTURY INS. CO. v. SUPERIOR COURT

No. S154790.

47 Cal.4th 511 (2009)

21st CENTURY INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SILVIA QUINTANA, Real Party in Interest.

Supreme Court of California.

August 24, 2009.

Attorney(s) appearing for the Case

Luce, Forward, Hamilton & Scripps, Peter H. Klee, John T. Brooks and Charles A. Danaher for Petitioner.

Gibson Robb & Lindh and Joshua E. Kirsch for National Association of Subrogation Professionals as Amicus Curiae on behalf of Petitioner.

Horvitz & Levy, John A. Taylor, Jr., David S. Ettinger; Robie & Matthai, James R. Robie, Kyle Kveton and Steven S. Fleischman for Association of California Insurance Companies, National Association of Mutual Insurance Companies, Personal Insurance Federation of California, Mercury Casualty Company and Mercury Insurance Company as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

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

OPINION

CHIN, J.

Silvia Quintana (Quintana) was injured in an automobile accident with a third party. She maintained an auto insurance policy with 21st Century Insurance Company (21st Century) that included first party, no-fault medical payment (med-pay) insurance coverage in case of an accident. 21st Century paid Quintana $1,000 under her insurance policy's med-pay provision. Quintana...

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