Legal Opinion
Smith v. Interinsurance Exchange
California Court of Appeal
Decided April 24, 1985No. Civ. 30621PublishedCited by 6 opinions
1Opinion of the Court
Opinion
CROSBY, J.
May a personal injury plaintiff sue the estate of a deceased insured to establish the decedent’s liability for the accident (Prob. Code, § 721) and the decedent’s insurer for unfair claims practices (Ins. Code, § 790.03, subd. (h)) in the same action? No.
I
On December 28, 1982, Patricia L. Smith was injured and her father, Gaylord Smith, killed when their vehicle collided with a truck. She petitioned the superior court to sue his estate for personal injuries pursuant to Probate Code section 721. That section provides in part, “(a) Notwithstanding any other provision of law,…
2Cases cited4 opinions
- Royal Globe Insurance v. Superior CourtCalifornia Supreme Court · 1979
- Stewart v. Estate of BohnertCalifornia Court of Appeal · 1980
- Eken v. BosworthCalifornia Court of Appeal · 1977
- Independent Bankers Trust Co. v. Superior CourtCalifornia Court of Appeal · 1982
3Cited by6 opinions
- Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.California Court of Appeal · 2000
- Meleski v. Estate, California Court of Appeal, 5th District2018
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Meleski v. Estate of HotlenCalifornia Court of Appeal · 2018
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
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