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Insurance | California Central
Clerk to Tax Costs (CV-59)
APPLICATION to the Clerk to Tax Costs against defendant Esau Garcia re: Order,,,, 78 , filed by Plaintiff The Travelers Indemnity Company of Connecticut. (Falcone, Lindsee)
Order
ORDER RE THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT'S TRIAL BRIEF 69 by Judge Wesley L. Hsu. For the foregoing reasons, the Court GRANTS judgment in Plaintiff's favor. Judgment is entered on behalf of Plaintiff as follows: 1. Travelers has no obligation under the Policy to issue payment to Mr. Garcia for any elements of "loss" sustained in the Accident for which he (1) could have received payment under California's workers' compensation law and (2) did not receive payment under California's workers' compensation law due to his failure to pursue a claim, including all past and future lost earnings and all past and future medical damages alleged to have arisen from the subject accident. 2. The limits of coverage available to Mr. Garcia under the Policy issued by Travelers are reduced by the amounts recovered by Mr. Garcia from the underinsured driver as well as amounts for which Mr. Garcia did receive, will receive or could have received through workers compensation, all of which total $172,475. (lom)
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