California Court of Appeal

In an insured's suit against her automobile insurer for breach of contract and breach of the implied covenant of good faith and fair dealing, trial court's judgment in favor of the insurer is affirmed where: 1) the trial court appropriately applied the manufacturing repair specifications as the standard by which to compare the repairs on plaintiff's vehicle to determine if it was returned to its pre-accident safe, mechanical, and cosmetic condition; 2) plaintiff's claim that the trial court erroneously pretried the majority of her case in making various rulings before trial is without merit, because the majority of her arguments are premised on the factual presumption the vehicle was unrepairable, and plaintiff was unable to prove this fact at trial; 3) the policy was not ambiguous or against public policy; and 4) the insurer did not violate the "made-whole rule."

Appellate Information

• Decided 10/23/2012
• Published 10/23/2012

Judges

• O'Leary

Court

• California Court of Appeal

Counsel