Perspective
Jul. 31, 2013
Injured can sue even after settling
As a recent case shows, collateral estoppel does not prevent a plaintiff from pursuing medical expenses under the tortfeasor's insurance policy even though the liability insurer has settled. By Fernando D. Vargas
In Barnes v. Western Heritage Insurance Co., 217 Cal. App. 4th 249 (2013), the 3rd District Court of Appeal held that the collateral estoppel rule does not prevent a plaintiff from pursuing coverage for medical expenses under the tortfeasor's commercial general liability insurance policy even though the tortfeasor's liability insurer has settled because "An insurer's obligation to indemnify its insured under the liabi...
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