Jones v. CALIFORNIA CASUALTY INDEM. EXCH.

13 Cal.App.3d 1 (1970) 91 Cal. Rptr. 726 ANN J. JONES, Plaintiff and Appellant,

v.

CALIFORNIA CASUALTY INDEMNITY EXCHANGE, Defendant and Respondent.

Docket No. 507. Court of Appeals of California, Appellate Department, Superior Court, Santa Clara.

October 30, 1970. [3] COUNSEL

Harold T. Faaland for Plaintiff and Appellant.

Neal A. Cabrinha for Defendant and Respondent.

OPINION

EVANS, J.

This is an appeal from a judgment of the Los Gatos-Campbell-Saratoga Judicial District Municipal Court denying appellant's recovery of $1,257.21 of medical expenses under the medical payment provision of a homeowner's insurance policy issued by respondent to Paul K. Young and Delores R. Young.

On May 6, 1968, on a sidewalk outside the Youngs' home in Los Gatos, a dog owned by the Youngs bit the appellant on the hand. As a result of this, appellant incurred reasonable and necessary medical expenses in the amount of $1,257.21. In a subsequent tort action against the Youngs for damages proximately caused by the dog bite, appellant recovered a verdict of $3,750 plus costs, which verdict included an award for appellant's medical expenses. Respondent defended this suit and satisfied the judgment pursuant to the liability provision of the Young's insurance policy.

The appellant, through her attorneys, then demanded payment of her medical expenses pursuant to the medical payment provision of the Youngs' policy. When payment was refused, this action was commenced. The respondent pleaded as an affirmative defense the former tort action and the recovery thereon.

(1) The medical payment provision of a liability insurance policy provides for payments up to a certain amount (usually $500 per person) for medical expenses incurred under conditions listed in the provision. This type of provision is most commonly found in automobile liability insurance policies, and all of the cases discussed herein involve automobile liability insurance policies.