Legal Opinion
Boicourt v. Amex Assurance Co.
California Court of Appeal
Decided March 15, 2000No. G021061PublishedCited by 16 opinions
1Opinion of the Court
Opinion
SILLS, P. J.
No less an authority on insurance law than John Alan Appleman declared 40 years ago that a liability insurer “ ‘is playing with fire’ ” when it refuses to disclose policy limits. Such a refusal “ ‘cuts off the possibility of receiving an offer within the policy limits’ ” by the company’s “ ‘refusal to open the door to reasonable negotiations.’ ” (See Johanek v. Aberle (D.Mont. 1961) 27 F.R.D. 272, 280, quoting Appleman, Circumstances Creating Excess Liability, appearing in the 1960 proceedings of the Section of Insurance, Negligence and Compensation Law of the American Bar…
2Cases cited11 opinions
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Merritt v. Reserve InsuranceCalifornia Court of Appeal · 1973
- Kunkel v. United Security Ins. Co. of New JerseySouth Dakota Supreme Court · 1969
- Cernocky v. Indemnity Insurance Co. of North AmericaAppellate Court of Illinois · 1966
- Powell v. Prudential Property & Cas. Ins. Co.District Court of Appeal of Florida · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hemphill v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Fifth Circuit · 2015
- Yan Fang Du v. Allstate InsuranceCourt of Appeals for the Ninth Circuit · 2012
- Reid v. Mercury InsuranceCalifornia Court of Appeal · 2013
- Smith v. Safeco Ins. Co.Court of Appeals of Washington · 2002
- Smith v. Safeco InsuranceCourt of Appeals of Washington · 2002
11 more not listed; retrieve them via the Exa API.