Hervey v. Mercury Cas. Co.
Hervey v....(Cal. App., Class Actions, Contracts, Injury And Tort Law, Insurance Law) In plaintiff’s suit against her automobile insurance carrier, alleging that the insurer breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount the insurer paid plaintiff under the medical expense coverage in the same policy for the same accident, the trial court properly sustained without leave to amend the insurer’s demurrer to plaintiff’s class action complaint because the policy was not reasonably susceptible to plaintiff’s interpretation of it.
