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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.
| Case | Followed | Cited |
|---|---|---|
Quintano v. Mercury Casualty Co.green2 sentences2018Similarly, 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 | 1 | 2 |
Cortese v. Sherwoodgreen1 sentence2026Respondents 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 | 1 | 1 |
Brehm v. 21st Century Insurancegreen2 sentences2013(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 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
California Manufacturers Ass'n v. Public Utilities Commission
green
1 sentence2008Assn. 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 | 1 | 2008–2008 |
In Re Bongfeldt
green
2 sentences2007In 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. | 1 | 2007–2007 |
Duriak v. Globe American Casualty Co.
green
2 sentences1994Co. (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. | 1 | 1994–1994 |
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.
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.