Is section 481 of the Insurance Code applicable to a plaintiff's claim for damages arising from a motor vehicle accident?

California, United States of America


The following excerpt is from Jennings v. Prudential Ins. Co., 121 Cal.Rptr. 125, 48 Cal.App.3d 8 (Cal. App. 1975):

By its terms section 481 is applicable '(u)nless the insurance contract otherwise provides, . . .' (See Jensen v. Allstate Ins. Co., 32 Cal.App.3d 789, 793--794, 108 Cal.Rptr. 498.) Thus it is within the power of the parties to contract that upon the insured's decision to surrender the policy, the amount to be returned to the insured shall be governed by the terms of the cash value option and tables contained in the policy, excluding the return of socalled 'unearned' premiums. Appellant concedes the insurer complied with Insurance Code sections 10160 and 10161.

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