California, United States of America
The following excerpt is from Sapiano v. Williamsburg Nat. Ins. Co., 28 Cal.App.4th 533, 33 Cal.Rptr.2d 659 (Cal. App. 1994):
We assume, as contended by Williamsburg, that the parties could, explicitly, provide in their contract that the insurer has a priority regardless whether the insured is first made whole. (Samura v. Kaiser Foundation
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