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4151 REVIEW DENIED In the absence of a policy provision requiring the insurer to ascertain whether the insured had been made whole or to take the common fund doctrine into account when seeking reimbursement of med-pay benefits, the insurer's failure to do so did not breach the insurance contract; liability for insurance bad faith can not be imposed on an insurer that duly paid policy benefits; an insurer's practice of failing to ascertain whether the insured had been made whole or to take the common fund doctrine into account when seeking reimbursement of med-pay benefits could result in liability under the Unfair Competition Law.CitationPROGRESSIVE v SUPERIOR COURT (Med Pay Reimbursement) 135 CA4 263 [See: B&PC 17200; Plut v Fireman's 85 CA4 98, T/AT 1/01; City v Sweet 12 C4 105, T/AT 1/96; Cel-Tech v LA Cellular 20 C4 163, T/AT 5/99]
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