Comments on: Credit Issues in Underinsured Motorist Claims http://www.gjel.com/blog/credit-underinsured-motorist-claims.html California's Preeminent Personal Injury and Auto Accident Lawyers Fri, 03 Feb 2012 09:57:25 +0000 hourly 1 http://wordpress.org/?v= By: Ralph http://www.gjel.com/blog/credit-underinsured-motorist-claims.html#comment-77822 Ralph Tue, 03 May 2011 02:59:18 +0000 http://www.gjel.com/?p=1168#comment-77822 1-- those employees are covered unless there is an exclusion 2-- they just have no coverage 3-- WC carrier lives with the consequences. 1– those employees are covered unless there is an exclusion
2– they just have no coverage
3– WC carrier lives with the consequences.

]]> By: Ralph http://www.gjel.com/blog/credit-underinsured-motorist-claims.html#comment-77820 Ralph Tue, 03 May 2011 02:56:13 +0000 http://www.gjel.com/?p=1168#comment-77820 See the following case which: "authorizes the insurer to reduce the loss payable to the insured by “the amount paid and the present value of all amounts payable” under workers' compensation law. (§ 11580.2, subd. (h)(l)." Rangel v. Interinsurance Exchange 4 Cal.4th 1, 8 (Cal. 1992). So there would be a finding of present value, assuming the policy language permitted such a credit. See the following case which: “authorizes the insurer to reduce the loss payable to the insured by “the amount paid and the present value of all amounts payable” under workers’ compensation law. (§ 11580.2, subd. (h)(l).” Rangel v. Interinsurance Exchange 4 Cal.4th 1, 8 (Cal. 1992). So there would be a finding of present value, assuming the policy language permitted such a credit.

]]> By: Jeff Corzine http://www.gjel.com/blog/credit-underinsured-motorist-claims.html#comment-77799 Jeff Corzine Tue, 03 May 2011 02:07:08 +0000 http://www.gjel.com/?p=1168#comment-77799 What happens to the UM credit for Work Comp benefits when the comp case settles giving the injured worker future medical benefits? Is there a credit for the not yet ascertained future medical amounts? What happens to the UM credit for Work Comp benefits when the comp case settles giving the injured worker future medical benefits? Is there a credit for the not yet ascertained future medical amounts?

]]> By: Garland Wright http://www.gjel.com/blog/credit-underinsured-motorist-claims.html#comment-3214 Garland Wright Sun, 02 May 2010 19:57:36 +0000 http://www.gjel.com/?p=1168#comment-3214 Hypothetical: Employer (Insured) has a fleet of 100 vehicles (CA). Of these, 5 are operated primarily by corp. officers/owners. Insured elects to insure the 5 vehicles for UM/UIMC, but not the other 95. Are there any ramifications to the insured: 1. from the employees that may be using the vehicle while "not at work" 2. from the employees while at work, without benefit of the UM/UIMC 3. from the Workers' comp carrier being unable to subrogate the insured's auto carrier I enjoyed the blog. Thanks. Garland G. (Gar) Wright Wright Insurance, P. O. Box 40, Lodi, 95241 O-209-334-0870- Fax 209-334-1939 License No. 0258188 Hypothetical: Employer (Insured) has a fleet of 100 vehicles (CA). Of these, 5 are operated primarily by corp. officers/owners. Insured elects to insure the 5 vehicles for UM/UIMC, but not the other 95. Are there any ramifications to the insured:
1. from the employees that may be using the vehicle while “not at work”
2. from the employees while at work, without benefit of the UM/UIMC
3. from the Workers’ comp carrier being unable to subrogate the insured’s auto carrier

I enjoyed the blog. Thanks.
Garland G. (Gar) Wright
Wright Insurance, P. O. Box 40, Lodi, 95241
O-209-334-0870- Fax 209-334-1939
License No. 0258188

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