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Case Name | Bailey v. Reliance Ins. Co. | |
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Date | 03/28/2000 | |
Note | Employer's settlement of past benefits in 3rd party case does not defeat credit against future benefits. | |
Citation | 79 Cal.App.4th 449, 65 CCC 375 | |
WCC Citation | WCC 23872000 CA |
STEPHEN S. BAILEY et al. , Plaintiffs and Appellants, v. RELIANCE INSURANCE COMPANY, Defendant and Respondent. OPINION CURRY, J. - Appellants Stephen S. and Jeannette Bailey settled a personal injury action with the driver of a car who injured Mr. Bailey and the driver's employer. Under the terms of the settlement, Mrs. Bailey was to receive $200,000 for loss of consortium, and Mr. Bailey was to receive nothing for his personal injury claim. If, as is often the case, Mr. Bailey requires additional medical treatment or rehabilitation services, he may seek additional benefits from Reliance. To the contrary, those defendants owed an independent obligation to Reliance to reimburse it for amounts paid on behalf of Mr. Bailey.
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