(U.S. 9th Cir., Civil Procedure, Contracts, Injury And Tort Law, Insurance Law, Remedies) In an action seeking car rental costs from an insurer arising out of an auto accident, dismissal of the complaint is affirmed where, under California law, an insurer is permitted to recoup a payout from a third-party tortfeasor's insurance company before the insured has sued the third-party tortfeasor, and without first making the insured whole.