California Court of Appeal

An attorney-in-fact, acting as an insurer's managerial agent and deriving its authority from a power of attorney executed by an insured, owed the insured a limited fiduciary duty, and may be liable for breach of the covenant of good faith and fair dealing implied in an insurance contract, if the insured can establish the conditions for application of the "alter ego" or "single enterprise" doctrine.

Appellate Information

• Decided 12/27/2002
• Published 12/27/2002

Judges

• PARRILLI, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Michael J. Kinane, Oakland, Counsel for Appellant.


• For Appellees:
  
• Ropers, Majeski, Kohn & Bentley;  Mark G. Bonino, Rachael A. Campbell, San Jose, Counsel for Respondent.