Interinsurance Exchange of Automobile Club of Southern California v. Marquez

Opinion

STEPHENS, Acting P. J.

— This is an appeal by defendant and cross-complainant Marquez from a judgment in favor of plaintiff and cross-defendant Interinsurance Exchange of the Automobile Club of Southern California (hereinafter Exchange). Exchange brought its actions for declaratory relief and injunction; Marquez answered and cross-complained as a class action for declaratory relief.

There is no dispute as to the facts and we quote them as presented to us in the briefs: “In November of 1974, Marquez was injured by an uninsured motorist during work. He filed a workers’ compensation claim and subsequently filed an uninsured motorist arbitration proceed

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ing against the Auto Club. His workers’ compensation claim has been

resolved with the compensation carrier paying Marquez $1,445 in temporary disability benefits and $2,880 in permanent disability benefits. In addition, the workers’ compensation carrier paid medical facilities and other third parties the sum of $11,333.34 for the medical services contracted by the compensation carrier. After the resolution of the workers’ compensation matter, Marquez proceeded with his uninsured motorist claim which was moving toward arbitration before the American Arbitration Association. [IT] A dispute arose between Marquez and the Auto Club as to the Auto Club’s right to offset all workers’ compensation benefits from benefits due and owing from the Auto Club to Marquez under the uninsured motorist provision. Subsequent thereto, on April 4, 1977, by stipulation Marquez and the Auto Club agreed to withdraw the issue from the American Arbitration Association and to allow the Superior Court to determine the issue. The Auto Club filed suit in the Superior Court for declaratory relief and Marquez cross-complained transforming the entire action into a class action on behalf of all other persons against whom Auto Club had offset workers’ compensation benefits from uninsured motorist benefits. Subsequent thereto, by ‘Stipulation re Bifurcation of Issues and Order Therefore’, the parties agreed to try this matter before the Honorable Harry Hupp, Judge of the Súperior Court, a jury trial having been expressly waived by both sides as to the issue presented. [If] Under Part IV, Uninsured Motorist, the policy states:

“Under the terms of Part IV: [$] (1) Any loss payable to or from any person shall be reduced by the amount paid and the present value of all amounts payable to him under any workmen’s compensation law, exclusive of nonoccupational disability benefits.”