Atencio v. Mid-Century Insurance Co‪.‬

Plaintiff was injured in an automobile accident in which the responsible party was uninsured. She recovered PIP benefits from her own insurance company, the defendant, of $7964. There was then submitted to arbitration her claim against her company under the uninsured motorists provision of her policy which provided coverage up to $15,000. The arbitrator found total damages suffered by plaintiff to be $19,564 from which he deducted the $7964 PIP benefits paid to plaintiff and entered a net award of $11,600. This amount was then paid to plaintiff without prejudice to plaintiffs right to seek a modification of the award. Plaintiff thereupon filed suit alleging that there was $3400 yet due her under the uninsured motorists coverage afforded to her under her policy of insurance. The superior court ruled that no deduction from the uninsured motorist coverage could be made for PIP benefits paid; hence, the court entered judgment in plaintiffs favor for $3400.