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HERVEY v. MERCURY CASUALTY CO.

No. B215470.

185 Cal.App.4th 954 (2010)

LAUREN N. HERVEY, Plaintiff and Appellant, v. MERCURY CASUALTY COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

June 17, 2010.

Attorney(s) appearing for the Case

Gianelli & Morris, Robert S. Gianelli, Richard Fruto; Esner, Chang & Ellis, Stuart B. Esner, Andrew N. Chang and Holly N. Boyer for Plaintiff and Appellant.

Barger & Wolen, Steven H. Weinstein, Spencer Y. Kook and James C. Castle for Defendant and Respondent.

OPINION

MOSK, J.—

INTRODUCTION

Plaintiff and appellant Lauren N. Hervey (Hervey) purchased an automobile insurance policy from defendant and respondent Mercury Casualty Company (Mercury). Hervey alleges Mercury breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount Mercury paid Hervey under the...

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