blog home Hot Topics in Personal Injury Law Major Defeat for Insurance Companies in San Diego Appellate Court

Major Defeat for Insurance Companies in San Diego Appellate Court

By Ross Jurewitz on November 28, 2009

The California Court of Appeals handed down perhaps the most important case in favor of injured Californians in the last decade earlier this week when it issued it’s ruling in Howell v. Hamilton Meats and Provisions‚ Inc.  The ruling made it clear that the collateral source rule is still California law and that negligent people who cause injuries cannot receive the benefits obtained by their victim’s health insurance companies.

Read the opinion (link above).  In the Howell case‚ the trial court allowed a reduction of over $130,000 from a San Diego jury verdict because that was the reduced amount negotiated by Ms. Howell’s insurance company.  The Appellate Court held that the negligent commercial truck driver and his employer could not obtain that benefit because doing so would unfairly reward them solely because Ms. Howell had the foresight to obtain health insurance prior to the accident.

This is a tremendous victory for all Californians.

Ross Jurewitz

Ross Jurewitz is the founder and managing lawyer of the Jurewitz Law Group, a San Diego personal injury attorney law firm. These San Diego injury accident lawyers specialize in helping people seriously injured in a variety of accidents throughout San Diego County and California.

Connect with Ross Jurewitz on

Related Articles:

  • $19,150,000

    A mother and her adult daughter were killed by an inexperienced truck driver.

  • $1,014,299

    Award for 38-year-old motorcyclist struck by SUV driver at intersection.

  • $550,000

    Pedestrian struck by commercial vehicle resulting in wrongful death.

See All Case Results

Our No Fee Guarantee®

We promise that our clients will not owe a penny if our team fails to obtain any compensation on their behalf.

Learn More

Request Your Free Case Review

Let us fight on your behalf. Contact the Jurewitz Law Group to discuss the details of your case. All form submissions are confidentially reviewed by our excellent support staff and are answered within 24 hours.

Contact Us

Jurewitz Law Group
Downtown San Diego
600 B Street, Suite 1550
San Diego, CA 92101
Phone: (619) 233-5020
Toll Free: (888) 233-5020

 
North County San Diego
2244 Faraday Ave. #101
Carlsbad, CA 92008
Phone: (760) 585-4640
Toll Free: (888) 233-5020

Copyright © 2019 Jurewitz Law Group, All Rights Reserved, Reproduced with Permission. Serving communities throughout Southern California.

San Diego Personal Injury Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a lawyer for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

Website Design, SEO and Legal Internet Marketing by: SLS Consulting | Scholarship