 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Plut v. Fireman's Fund Insurance Co.11/30/2000
ns (Tex.Ct.App. 1970) 451 S.W.2d 528, 530-531, disapproved on another ground in Ortiz v. Great Southern Fire & Cas. Ins. Co, supra, 597 S.W.2d at p. 344.)
In sum, the trial court did not err in reducing the award for damages by $380,000.
B. Adjustment for Prior Payments Under the Policy
Before the trial court, Fireman's Fund contended that it was entitled to an offset regarding the $71,378.42 that it had paid the Pluts in response to their claims. As we have observed, the trial court apparently granted this request.
On appeal, Fireman's Fund agrees that it was not entitled to a portion of this reduction because it received $69,177.06 from Roto-Rooter's insurer. Because there is no dispute about this matter on appeal, we do not address the merits of the parties' positions concerning this sum, and conclude simply that the judgment against Fireman's Fund must be increased by this sum. Regarding the remaining net adjustment of $2,201.36, the trial court could properly deduct this sum as a benefit already received under the policy. (1 Witkin, Summary of Cal. Law (9th ed. 1987) Contracts, ยง 866, pp. 779-780.)
DISPOSITION
The award of damages against Fireman's Fund is reversed, and the trial court is directed to enter a new judgment awarding the Pluts the sum of $154,675.14 in damages. The judgment is affirmed in all other respects. Appellants are awarded costs.
CERTIFIED FOR PUBLICATION
We concur:
VOGEL (C.S.), P.J.
EPSTEIN, J.
Page 1 2 3 4 5 6 7 8 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|