In a decision issued today, the California Supreme Court put to rest the question of whether, in the automobile med-pay insurance context, attorney fees incurred by an insured to obtain a third-party recovery is taken into consideration in determining whether that insured has been "made-whole." The California Supreme Court held in the negative. Instead, those fees are subject to a separate equitable apportionment rule (the "common fund" doctrine).

In its conclusion, the California Supreme Court held...

Please see full article below for more information.