California Court of Appeal

In suit brought after plaintiff settled underlying personal injury action with insured and insured assigned his rights against insurer to plaintiff, dismissal of complaint for bad faith refusal to defend is reversed as the underlying complaint contained allegations demonstrating a potential for coverage under the insured's policy, and insurer's refusal to provide its insured with a defense was without justification and constituted bad faith as a matter of law.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Glaser & Damone and Robert P. Damone, Long Beach, for Plaintiff and Appellant.


• For Appellees:
  
• Ford, Walker, Haggerty & Behar and K. Michele Williams, Long Beach, for Defendant and Respondent.