Facts

Eran Hamou filed a declaratory relief action against Blue Shield of California Life and Health Insurance, Mercury Insurance Co., Akbar Massoud, and Azita Massoud, in connection with a motor vehicle collision that allegedly occurred on June 4, 2014.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a passenger in a vehicle driven by defendant Akbar Massoud when they were involved in a collision. Plaintiff allegedly sustained severe long-term injuries as a result of the collision. The other driver, Minas Ghazarian, was allegedly uninsured. Nevertheless, plaintiff was allegedly covered under his father's insurance, as well as insurance coverage under Akbar's mother, both with Mercury and both provided for uninsured motorist liability. Mercury offered $100,000 uninsured motorist liability limits under Massoud's policy. Plaintiff demanded the policy limits under his own coverage, but Mercury rejected his claim. Defendant Blue Shield then placed a $495,804 medical lien and provided plaintiff with notice of its intent to recover from plaintiff's settlement.

Plaintiff filed this instant lawsuit seeking to set aside Blue Shield's lien and a declaration as to whether his own Mercury uninsured motorist coverage was applicable.

DEFENDANTS' CONTENTIONS:
Defendant Mercury denied plaintiff's allegations and asserted an affirmative defense for failure to state a claim for relief. Mercury also moved for summary judgment, claiming plaintiff was not allowed to stack uninsured motorist coverage, and was not entitled to an additional $100,000 coverage.

Result

Blue Shield agreed to accept $5,000 as full settlement of its entire medical lien from the $100,000 uninsured motorist coverage against Massoud's policy. The court subsequently granted Mercury's motion for summary judgment.

Other Information

FILING DATE: July 24, 2015.