-MLG Allied Professionals Insurance Company v. Joanne Kong, No. 8:2010cv00414 - Document 20 (C.D. Cal. 2010)

Court Description: JUDGMENT by Judge Andrew J. Guilford. Final judgment is entered herewith in favor of Allied Professionals Insurance Company, and against Kong, making the following February 18, 2010 Decision of Arbitrator the judgment of this Court. (See Order for further details) (db)

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-MLG Allied Professionals Insurance Company v. Joanne Kong 1 2 3 4 5 Doc. 20 Rick A. Cigel, State Bar No. 105424 RCigel@gmail.com LAW OFFICES OF RICK A. CIGEL, P.C. 438 Robinwood Drive Los Angeles, California 90049 Tel: (310) 889-1038 Fax: (310) 889-1037 Attorneys for Plaintiff ALLIED PROFESSIONALS INSURANCE COMPANY 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 ALLIED PROFESSIONALS INSURANCE ) COMPANY, an Arizona corporation, ) ) ) Plaintiff, ) ) v. ) ) JOANNE KONG, an individual ) ) Defendant. ) ____________________________________ ) Case No. CV 10-0414 AG (MLGx) JUDGMENT 16 17 THE COURT HEREBY ENTERS THE FOLLOWING JUDGMENT: 18 Final judgment is entered herewith in favor of Allied Professionals Insurance Company, 19 and against Kong, making the following February 18, 2010 Decision of Arbitrator the judgment 20 of this Court: 21 1. Allied Professionals Insurance Company’s denial of insurance coverage to its 22 insured, Patricia Costello was justified based on the facts and law adduced in this 23 arbitration. Arbitrator finds that the nature and extent of the health care treatment 24 given Joanne Kong by Patricia Costello falls outside the nature, scope and ambit of 25 the insurance coverage set forth in the Allied Professionals Insurance Company 26 policy issued to Ms. Costello. Hence, the health care treatment rendered by 27 Costello to Kong is excluded by the terms of Costello’s insurance policy with 28 Allied Professionals Insurance Company. -1JUDGMENT Dockets.Justia.com 1 2. Neither Patricia Costello, nor her assignee, Joanne Kong, have any coverage under 2 the Allied Professionals Insurance Company policy which is the subject of the 3 dispute in this arbitration. 4 3. The settlement of Ms. Kong’s claim with Ms. Costello and the subsequent 5 assignment by Ms. Costello to Ms. Kong of Costello’s rights, claims and 6 obligations against Allied Professionals Insurance Company was done in bad faith 7 and is collusive. Moreover, the amount sought by Kong in the judgment against 8 Costello, to wit, $1,150,000, is grossly disproportionate to the reasonable range of 9 recoverable damages emanating from the injuries sustained by Ms. Kong. 10 4. Ms. Kong deigned not to file or prosecute a counter claim in this matter and for 11 that reason any ruling from the arbitrator concerning Allied Professionals 12 Insurance Company’s obligation to pay damages to Kong is moot. 13 14 15 5. The parties shall bear their own fees and costs. IT IS SO ORDERED. DATED: November 10, 2010 16 17 ___________________________ The Honorable Andrew Guilford 18 19 20 21 22 23 24 25 26 27 28 -2JUDGMENT

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