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| Case Name | 21st Century Insurance Company v. The Superior Court Of San Diego County | |
|---|---|---|
| Date | 08/24/2009 | |
| Note | In cases like this, where the insured does not dispute that the settlement adequately compensated her damages, a pro rata apportionment requires the insurer to account for its fair share of the attorney fees by reducing the amount of reimbursement to cover some portion of those fees. | |
| Citation | S154790 | |
| WCC Citation | WCC 35582009 CA |
Filed 8/24/09 IN THE SUPREME COURT OF CALIFORNIA st CENTURY INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SILVIA QUINTANA, Real Party in Interest Ct. App. 4/1 D049430 San Diego County Super. She maintained an auto insurance policy with 21st Century Insurance Company (21st Century) that included first party, no-fault medical payment (medpay) insurance coverage in case of an accident. Quintana's insurance company, 21st Century, paid her $1,000 under her insurance policy's med-pay provisions. Her automobile insurer, defendant 21st Century Insurance Company (21st Century), paid her $1,000 under the policy's no-fault medical payment coverage. Name of Opinion 21st Century Insurance Company v. San Diego County Superior Court Unpublished Opinion XXX NP opn.
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