California Court of Appeal

In a case in which the manager of an apartment complex sued the insurers of the complex's owner for bad faith refusal to defend and indemnify him in a suit arising from injuries suffered by a party guest at the complex, judgment in favor of the insurers is affirmed, where the trial court did not err in refusing the plaintiff's request to instruct the jury on the elements of a bad-faith claim based on the refusal to settle a third party's claim pursuant to CACI No. 2334, since the plaintiff failed to present substantial evidence that the insurers assumed the duty to defend him, and also failed to either demonstrate that the issue of indemnity had been determined in his favor in a prior proceeding, or request that the jury make such a determination in this action.

Appellate Information

• Decided 03/13/2012
• Published 03/13/2012

Judges

• Aaron

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Herronlaw, APC, Grant, Genovese & Baratta, LLP