Does section 11580.2(c)(3) of the California Insurance Code apply in the underinsured context?

Hartford relies on Rudd v. California Casualty Gen. Ins. Co. (1990) 219 Cal.App.3d 948, 953, 268 Cal.Rptr. 624, to support its contention that section 11580.2(c)(3) applies in the underinsured context. We find the case inapposite.

In Rudd, the court held that an insurer is entitled to reduce the amount it owed under the underinsured policy provision by the amount of workers' compensation benefits received by the insured. In so holding, the court rejected the insured's argument that the omission of any mention of a workers' compensation setoff in section 11580.2(p), that is allowed in the uninsured motorist context under section 11580.2, subdivision (h), indicated a legislative intent to exclude any such setoff in underinsured cases. (Rudd v. California Casualty Gen. Ins. Co., supra, 219 Cal.App.3d 948, 268 Cal.Rptr. 624.)