Insurance Caselaw Roundup (9/16/08)
Tuesday, September 16, 2008 at 05:14PM The following is a list of recent insurance-related opinions issued in California:
Right to Arbitrate UM/UIM Disputes Held Not to be Bar to Wrongful Pre-Arbitration Handling of Claim: Brehm IV v. 21st Century Ins. Co., ___ Cal. App. 4th ___ (2nd App. Dist. Div. 7, 9/16/08) (reversing lower court’s sustaining of demurrer to claimed breach of the implied covenant of good-faith and fair dealing on ground that plaintiff alleged facts demonstrating lack of good faith conduct in resolving claim for UIM benefits and holding that exercising of right to arbitration provided under Cal. Ins. Code 11580.26(b) did not preclude bad-faith claim based upon an insurer’s alleged tortious pre-arbitration handling of the claim). [Opinion here.]
Recoverability of Damages Caused by Driver of Purchased Vehicle under Selling Auto Dealer’s “Garage Operation” Liability Policy: Spangle v. Farmers Insurance Exchange , ___ Cal. App. 4th ___ (2nd App. Dist. 8/29/08) (reversing lower court’s grant of summary judgment against plaintiff on grounds that there was a triable issue of material fact as to whether son of father who purchased a vehicle from dealership was “insured” (as “permissive user”) under dealership’s “garage operations” liability policy and holding that accident caused by son arose from “use” of the car that was covered as a “garage operation”). [Opinion here.]
[ Please note that this post does not constitute legal advice and provides only the author's own snapshot view of the cited opinion. No warranties are made as to the accuracy of the author's view of the opinion or as to its legal effect (including, but not limited to, whether it may be subsequently modified, depublished, and/or overruled). The import and applicability of a cited opinion to an actual matter depends upon the specific facts presented and should be reviewed by an attorney. ]