Supreme Court of California

In homeowners association's suit against an insurance company, claiming that the insurer fraudulently induced it to settle a Northridge earthquake-related claim for less than it was worth under the policy, judgment of the court of appeals is reversed as a release of a disputed claim does not permit a party to elect the remedy of a suit for damages when the release itself bars that option. Instead, the insured party to the release must follow the rules governing rescission of the release before suing the insurer for damages.

Appellate Information

• Decided 08/30/2010
• Published 08/30/2010

Judges

• CHIN

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Jerry A. Ramsey, James R. Robie