California Court of Appeal

Judgment in favor of cross-complainants awarding compensatory and punitive damages for breach of contract, insurance bad faith, and malicious prosecution, is affirmed over claims that: 1) one of cross-complainants lacked standing to sue cross-defendant insurer as she was not specifically named as a party in the underlying action; 2) the bad faith and punitive damage awards must be reversed because there was a genuine dispute as to cross-defendant's liability under the policy; and (3) the punitive damage award must be reversed on instructional, evidentiary, and due process grounds.

Appellate Information

• Decided 05/22/2006
• Published 05/22/2006

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Chapman, Popik & White, Susan M. Popik, David Nied, Merri A. Baldwin, San Francisco;  Bonetati, Sasaki, Kincaid & Kincaid, Marilyn L. Bonetati, Orange, for Plaintiff, Cross-defendant and Appellant., Bolling, Walter & Gawthrop, Theodore D. Bolling, Jr., Marjorie E. Manning, Sacramento;  Farmer, Murphy, Smith & Alliston, George E. Murphy and Suzanne M. Nicholson, Sacramento, for Defendants, Cross-complainants and Respondents.