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Aetna Health Plans of California Inc. v. Yucaipa-Calimesa Joint Unified School District6/10/1999
APPEAL from the Superior Court of San Bernardino County. Christopher J. Warner, Judge. (Judge of the Municipal Court, assigned by the Chief Justice pursuant to art. VI, ยง 6 of the Cal. Const.) Affirmed.
Cross-complainant and appellant Aetna Health Plans of California, Inc. (Aetna), appeals after the trial court granted summary judgment in favor of cross-defendant and respondent Yucaipa-Calimesa Joint Unified School District (Yucaipa), and dismissed Aetna's cross-complaint against Yucaipa.
The case presents the question whether indemnity or contribution may be had between two insurers who each potentially provided coverage for the same incident, and in particular whether one insurer may allege a cause of action for contribution or indemnity from the other insurer when both insurers' conduct may have contributed to a single tort injury.
The trial court granted summary judgment on the theory that, as a matter of law, no cause of action could be maintained for contribution or indemnity as between the two insurers, because their liability for damages is several under Proposition 51. Because the liability of each insurer has been made several, and therefore divisible, by statute, and the plaintiff's recovery against each insurer for non-economic damages is limited only to the amount proportional to the insurer's fault, we conclude that Aetna's cross-complaint could not properly state any cause of action for contribution or equitable indemnity. Accordingly, we affirm.
FACTS AND PROCEDURAL HISTORY
Aetna was the primary insurer, and Yucaipa was the secondary insurer, of medical benefits for plaintiff's decedent, David Goodrich. David was employed by the County of San Bernardino. Through Aetna, one of the insurance carriers who provided health care plans for county employees, David selected a health maintenance organization (HMO) as his medical provider. Aetna's HMO plan provided that any member, such as David, would be treated in a physician group, with one member of the group as his primary care physician. Any other care would have to be arranged by special referral.
David's spouse, Teresa, the plaintiff in the underlying action below, was employed by Yucaipa. Yucaipa provided self-insured medical coverage to Teresa. As Teresa's spouse, David was also eligible to be covered by Yucaipa's medical coverage.
On June 9, 1992, David collapsed and was taken to a hospital. After he was stabilized, David obtained a referral on June 23, 1992, from his primary care physician for exploratory surgery with another plan specialist. The specialist performed diagnostic surgery on July 6, 1992. David was diagnosed with a rare form of stomach cancer, leimosarcoma. On July 28, 1992, the specialist told David and Teresa that the plan doctors did not have the expertise to treat this rare form of cancer, and David should be referred to the City of Hope, an out-of-plan provider. Aetna approved the referral to City of Hope on August 5, 1992.
The City of Hope doctor evaluated David and recommended high-dose chemotherapy and a bone-marrow transplant. David was scheduled to begin treatment on October 2, 1992. When David went to the City of Hope on October 2, however, tests revealed that the cancer had metastasized to his liver. On October 6, therefore, the City of Hope doctor recommended modifying the treatment plan to begin with standard-dose chemotherapy to see if the tumors on David's liver would respond. David was scheduled to begin the treatment at City of Hope on October 10, 1992.
As a result of the change in David's condition, his primary care physician asked for referral authorizations for a consultation on chem
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