California Court of Appeal

In a class action challenging an automobile insurer's policy providing two tiers of physical damage coverage, paying all of the reasonable costs incurred at the insurers' preferred repair facility (PRF), but only 80 percent of the reasonable costs incurred at an unapproved repair facility selected by the insured, the trial court's denial of class certification disposing of all claims is affirmed, where: 1) the complaint failed to allege a statutory violation of subdivisions (d)(1) and (d)(2) of Insurance Code section 758.5; and 2) the trial court did not err in finding that the contract claims asserted on behalf of a claimant class, alleging the PRF used non-OEM parts and did not restore the covered vehicle to its pre-loss condition, did not plead common issues of fact.

Appellate Information

• Decided 05/24/2012
• Published 05/24/2012

Judges

• Aldrich

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Milstein Adelman, Selman Breitman