Amcom Ins. v. Atkinson
Appellant Jeremy Atkinson was injured in a multi-vehicle accident while in the course and scope of his employment. The responsible party was an uninsured motorist. Atkinson applied for and received workers compensation benefits from his employers carrier, and entered into a compromise and release as to all future benefits in exchange for a lump sum payment. Thereafter, Atkinson filed a claim for future medical expenses pursuant to the uninsured motorist provisions of his employers business auto insurance policy. Respondent AmCom Insurance, Inc., the representative of his employers insurance company, filed the instant action for declaratory relief that Atkinson was barred from filing a claim under the uninsured motorist provisions based upon policy exclusions and the release of future workers compensation benefits. The trial court agreed with AmComs argument and found Atkinsons insurance claim was barred. Atkinson appeals and argues he could pursue a claim for future medical benefits under his employers uninsured motorist coverage, pursuant to the provisions of Insurance Code section 11580.2. Court affirm.
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