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California Court of Appeal


MERCURY CAS. CO. v. MALONEY, D040282

Where 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 passenger, as a third party beneficiary of the insurance policy, is required to comply with the conditions set forth in the insurance policy regarding medical expense benefits, and thus is obligated to reimburse the insurer.

Appellate Information

  • Decided 11/25/2003
  • Published 11/25/2003

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  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.

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