HOWELL v. HAMILTON MEATS & PROVISIONS, INC.

No. S179115.

52 Cal.4th 541 (2011)

257 P.3d 81

128 Cal. Rptr. 3d 658

REBECCA HOWELL, Plaintiff and Appellant, v. HAMILTON MEATS & PROVISIONS, INC., Defendant and Respondent.

Supreme Court of California.

August 18, 2011.


Attorney(s) appearing for the Case

Law Office of Gary L. Simms, Gary L. Simms ; LaFave & Rice, John J. Rice ; Basile Law Firm, J. Jude Basile ; Law Offices of J. Michael Vallee and J. Michael Vallee for Plaintiff and Appellant.

Barbara A. Jones ; Michael Schuster , Kelly Bagby and Bruce Vignery for AARP as Amicus Curiae on behalf of Plaintiff and Appellant.

Hinton, Alfert & Sumner, Scott H. Z. Sumner , Jeremy N. Lateiner ; Liberson & Wolford and Joel K. Liberson for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Tyson & Mendes, Robert F. Tyson , Mark T. Petersen and Kristi Deans for Defendant and Respondent.

McCormick, Barstow, Sheppard, Wayte & Carruth, Dean Petrulakis , John M. Dunn and Jeffrey R. Olson for CSAC Excess Insurance Authority and Central Region School Insurance Group as Amici Curiae on behalf of Defendant and Respondent.

Hayes, Scott, Bonino, Ellingson & McLay and Mark G. Bonino for Association of Defense Counsel of Northern California and Nevada as Amicus Curiae on behalf of Defendant and Respondent.

Sedgwick, Detert, Moran & Arnold, Christina J. Imre and Kirk Jenkins for Allstate Insurance Company as Amicus Curiae on behalf of Defendant and Respondent.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Respondent.

Greines, Martin, Stein & Richland and Robert A. Olson for Association of Southern California Defense Counsel and DRI-The Voice of the Defense Bar as Amici Curiae on behalf of Defendant and Respondent.

Horvitz & Levy, David S. Ettinger and H. Thomas Watson for American Insurance Association, Association of California Insurance Companies, Personal Insurance Federation of California, California State Automobile Association Inter-Insurance Bureau, Chartis, Inc., Farmers Insurance Exchange, Infinity Insurance Company, Interinsurance Exchange of the Automobile Club, Mercury Insurance Group, State Farm General Insurance Company and State Farm Mutual Automobile Insurance Company as Amici Curiae on behalf of Defendant and Respondent.

Cole Pedroza , Curtis A. Cole and Kenneth R. Pedroza for California Medical Association, California Dental Association and California Hospital Association as Amici Curiae on behalf of Defendant and Respondent.

Newdorf Legal, David B. Newdorf and Vicki F. Van Fleet for League of California Cities as Amicus Curiae.


OPINION

WERDEGAR, J.

When a tortiously injured person receives medical care for his or her injuries, the provider of that care often accepts as full payment, pursuant to a preexisting contract with the injured person's health insurer, an amount less than that stated in the provider's bill. In that circumstance, may the injured person recover from the tortfeasor, as economic damages for past medical expenses, the undiscounted sum stated...

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