In a case against an automobile insurance company, the Court of Appeal's judgment is affirmed where, although the made-whole rule applies in the med-pay insurance context and the insured must be made whole as to all damages proximately caused by the injury, liability for attorney's fees is not included under the made-whole rule. Instead, a pro rata apportionment rule for attorney fees better allocates responsibility between the insured and the insurer.
Appeal from San Diego County Super. Ct. No. GIC 87010.
Filed August 24, 2009
Before: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by CHIN, J.
For Petitioner: Luce, Forward, Hamilton & Scripps, Peter H. Klee, John T. Brooks and Charles H. Danaher
For Respondent: Law Office of Robert S. Gerstein, Robert S. Gerstein; Huffman & Kostas, James C. Kostas, David Huffman; Law Offices of Sheldon A. Ostroff and Sheldon A. Ostroff for Real Party in Interest.