Maxman v. Farmers Insurance Exchange

I must respectfully dissent. In so doing, an exposition of the facts as they are revealed to me becomes necessary.

More than nine years ago plaintiffs allegedly sustained personal injuries from an automobile accident involving defendant’s insured. After receiving notice of the accident from plaintiffs’ counsel, defendant retained an independent claims adjuster to handle the claim. During the next year- and-a-half, in developing the information pertinent to the accident, he made numerous contacts with plaintiffs’ counsel.

When the adjuster attempted to contact the insured, he discovered that the…