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California Court of Appeal


Bosetti v. US Life Ins. Co. in the City of New York, B206896

In a dispute involving disability insurance benefits, district court's judgment is affirmed in part and reversed in part where: 1) the court properly awarded summary judgment to plaintiff's former employer, as plaintiff did not demonstrate she had a reasonable cause for complaint against the employer; and 2) the court erred in granting summary judgment on the breach of contract and declaratory relief causes of action against defendant, as plaintiff raised a triable issue of fact as to whether she was entitled to extended disability payments. Defendant is entitled to summary adjudication of plaintiff's causes of action for bad faith, intentional misrepresentation, and intentional infliction of emotional distress, as well as her claim for punitive damages.

Appellate Information

  • Decided 07/17/2009
  • Published 07/17/2009

Judges

  • CROSKEY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Tyron J. Sheppard, Inglewood, for Plaintiff and Appellant.

  • For Appellees:
  • Wilson, Elser, Moskowitz, Edelman & Dicker, Adrienne Publicover, Michael K. Brisbin and Charan M. Higbee, San Francisco, for Defendants and Respondents The United States Life Insurance Company in the City of New York and Keenan & Associates., Atkinson, Andelson, Loya, Ruud & Romo and Marlon C. Wadlington, Cerritos, for Defendants and Respondents, Palos Verdes Peninsula Unified School District.
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