Can you obtain benefits from a second insurance policy on the same claim when recovery from the first policy would alone be inadequate?
California, United States of America
The following excerpt is from Grimsley v. Mid-century Ins. Co, A126347, No. 460014 (Cal. App. 2011):
more than one insurance policy, to obtain benefits from a second policy on the same claim when recovery from the first policy would alone be inadequate' to compensate for the actual damages suffered. [Citation.]" (Wagner v. State Farm Mutual Auto. Ins. Co. (1985) 40 Cal.3d 460, 463 fn. 2.) The trial court ruled that, as a matter of law, coverage was available only under the 2002-2003 policies. We agree.
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