underinsured motorist claim (California) · Go Syfert
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underinsured motorist claim in California

7 California opinions name it 2 courts 1994–2026 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Quintano v. Mercury Casualty Co.green
cal · 1995 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018Similarly, it was [plaintiffs] who decided when to bring the underinsured motorist claim and when to demand the underinsured motorist policy limits from the insurance carrier." As the Supreme Court in Quintano acknowledged, some delay is inherent in underinsured *535 motorist claims: "[S]ettlement with the tortfeasor's insurer may take close to a year even when the insured assiduously pursues settlement" ( Quintano, supra , 11 Cal.4th at p. 1057, 48 Cal.Rptr.2d 1 , 906 P.2d 1057 ), and "even if the insured makes a timely claim against the tortfeasor's insurer, that insurer may agree to a settl

2018Similarly, it was [plaintiffs] who decided when to bring the underinsured motorist claim and when to demand the underinsured motorist policy limits from the insurance carrier." As the Supreme Court in Quintano acknowledged, some delay is inherent in underinsured *535 motorist claims: "[S]ettlement with the tortfeasor's insurer may take close to a year even when the insured assiduously pursues settlement" ( Quintano, supra , 11 Cal.4th at p. 1057, 48 Cal.Rptr.2d 1 , 906 P.2d 1057 ), and "even if the insured makes a timely claim against the tortfeasor's insurer, that insurer may agree to a settl

12
Cortese v. Sherwoodgreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026Respondents counter that, regardless of the form of the cause of action, the substance of the allegations was that the Dauods and Ballidis, together, “falsely claimed, falsely stated, or [fraudulently] concealed relevant items and information [from Geico].” Although Henggeler did not label her fourth cause of action as a claim for civil conspiracy, we look not to the label, but to “the allegations that underpin [the] cause of action.” (Cortese v. Sherwood (2018) 26 Cal.App.5th 445, 454 (Cortese).) Here, Henggeler’s complaint may have alleged Ballidis personally committed acts amounting to frau

11
Brehm v. 21st Century Insurancegreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013(Id. at pp. 718-719.) Wilson concluded a jury could reasonably find that nothing in the materials the claims examiner reviewed justified his conclusions (id. at p. 721): “[U]nder the facts of this case a triable issue of fact exists as to whether it was reasonable to deny 5 [the insured‟s] claim on the grounds stated without further medical investigation.” (Id. at p. 723; see also Brehm, supra, 166 Cal.App.4th at p. 1239 .) Wilson stated, “ „an insurer is not entitled to judgment as a matter of law where, viewing the facts in the light most favorable to the plaintiff, a jury could conclude tha

2013(Id. at pp. 718-719.) Wilson concluded a jury could reasonably find that nothing in the materials the claims examiner reviewed justified his conclusions (id. at p. 721): “[U]nder the facts of this case a triable issue of fact exists as to whether it was reasonable to deny 5 [the insured‟s] claim on the grounds stated without further medical investigation.” (Id. at p. 723; see also Brehm, supra, 166 Cal.App.4th at p. 1239 .) Wilson stated, “ „an insurer is not entitled to judgment as a matter of law where, viewing the facts in the light most favorable to the plaintiff, a jury could conclude tha

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
California Manufacturers Ass'n v. Public Utilities Commission green
cal · 1979
1 sentence

2008Assn. v. Public Utilities Com., supra, 24 Cal.3d at p. 844 ), we must interpret it in section 11580.2, subdivision (p)(3) to mean motor vehicle or automobile bodily injury liability policies “applicable to all insured motor vehicles causing the injury.” Additionally, subdivision (p)(5) of section 11580.2 provides that an “insurer paying a claim under this subdivision shall, to the extent of the payment, be entitled to reimbursement or credit in the amount received by the insured from the owner or operator of the underinsured motor vehicle or the insurer of the owner or operator.” To the extent

12008–2008
In Re Bongfeldt green
calctapp · 1971
2 sentences

2007In re Bongfeldt (1971) 22 Cal.App.3d 465 [ 99 Cal.Rptr. 428 ], relied upon by Rappaport-Scott, is distinguishable.

2007In re Bongfeldt (1971) 22 Cal.App.3d 465 [ 99 Cal.Rptr. 428 ], relied upon by Rappaport-Scott, is distinguishable.

12007–2007
Duriak v. Globe American Casualty Co. green
ohio · 1986
2 sentences

1994Co. (1986) 28 Ohio St.3d 70 [ 502 N.E.2d 620, 622 ]), the Ohio Court of Appeals has recently held otherwise in the context of an underinsured motorist claim.

1994Co. (1986) 28 Ohio St.3d 70 [ 502 N.E.2d 620, 622 ]), the Ohio Court of Appeals has recently held otherwise in the context of an underinsured motorist claim.

11994–1994

Statutes the citing opinions construe

CA § Cal. Insurance Code § 11580.2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 96 (1990–2011) CT 31 (1991–2024) IL 17 (2000–2026) NY 10 (1992–2013) PA 7 (1983–2026) CA 7 (1994–2026) KS 7 (1989–2000) MN 6 (1984–2007) TX 6 (1997–2019) WA 5 (1992–2003) IN 5 (1990–2026) FL 4 (2009–2024) ID 3 (1999–2015) IA 3 (2005–2023) MT 3 (2003–2015) RI 3 (1991–2002) ND 3 (2011–2016) MA 2 (1995–2003) CO 2 (2015–2024) AR 2 (2014–2016) NJ 2 (1998–2004) UT 2 (2004–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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