Gable v. Colonial Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the use of the term “has recovered” in the statute over other forms of the verb “recover,” such as “recoverable,” show the General Assembly’s intention “to allow offsets only for those [WC] benefits which have been actually received”
• “if the policy provision ... is contrary to the Insurance Code, the provision is unenforceable”
• “if the policy provision ... is contrary to the Insurance Code, the provision is unenforceable”
• “where the Legislature has required specified coverages in a particular category of insurance, and has provided for certain exceptions or exclusions to the required coverages, additional exclusions are generally not permitted”
• “[WJhere the Legislature has required specified coverages in a particular category of insurance, and has provided for certain exceptions or exclusions to the required coverages, additional exclusions are generally not permitted.”
• “where the Legislature has required specified coverages in a particular category of insurance, and has provided for certain exceptions or exclusions to the required coverages, additional exclusions are generally not permitted”

Source: CourtListener parenthetical corpus (CC0).