Is there a double recovery of the amounts payable to and for any person (covered by uninsured motorists) under the California Motor Vehicle Accident Benefits Act?

California, United States of America


The following excerpt is from Interinsurance Exchange v. Marquez, 116 Cal.App.3d 652, 172 Cal.Rptr. 263 (Cal. App. 1981):

By the construction we conclude is demanded, by a full reading of the applicable portions of the section, there is no "double recovery" of the amounts payable "to and for any person (covered by uninsured motorists)." Marquez argues that there would be no double recovery in any event, in that no amount has been paid for pain and suffering. He misses the point. Uninsured motorist coverage is limited in amount and when that maximum has been reached, no matter what additional recovery the injured person may be entitled to, the carrier is not liable therefor. (See Jarrett v. Allstate Ins. Co. (1962) 209 Cal.App.2d 804, 26 Cal.Rptr. 231.)

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