California Court of Appeal

In plaintiff's suit against her automobile insurance carrier, alleging that the insurer breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount the insurer paid plaintiff under the medical expense coverage in the same policy for the same accident, the trial court properly sustained without leave to amend the insurer's demurrer to plaintiff's class action complaint because the policy was not reasonably susceptible to plaintiff's interpretation of it.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

Court

• California Court of Appeal

Counsel

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


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