Legal Opinion

Hartford Accid. & Indem. Co. v. Superior Court of San Diego Cty.

California Court of Appeal

Decided October 18, 1994No. Docket Nos. D020852, D020892PublishedCited by 21 opinions

1Opinion of the Court

Opinion

FROEHLICH, J.

This writ petition arises from the effort by real party in interest Landmark Insurance Company (Landmark) to extricate itself from a “bad faith” lawsuit. Landmark’s insured had alleged that numerous insurers including Landmark had provided coverage for a claim, that they had failed to defend and indemnify in connection with that claim, and that this failure breached their contracts as well as the implied covenant of good faith and fair dealing. The insured later settled with Landmark. As a condition to settling, Landmark required that it be extricated from the nonsettling…

2Cases cited12 opinions

  1. Tech-Bilt, Inc. v. Woodward-Clyde & AssociatesCalifornia Supreme Court · 1985
  2. Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
  3. Herzog v. National American InsuranceCalifornia Supreme Court · 1970
  4. Far West Financial Corp. v. D & S CompanyCalifornia Supreme Court · 1988
  5. Diamond Heights Homeowners Ass'n v. National American InsuranceCalifornia Court of Appeal · 1991

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
  2. FMC Corp. v. Plaisted & CompaniesCalifornia Court of Appeal · 1998
  3. Maryland Casualty Co. v. Bailey & Sons, Inc.California Court of Appeal · 1995
  4. GACKSTETTER v. FrawleyCalifornia Court of Appeal · 2006
  5. Shell Oil Co. v. National Union Fire InsuranceCalifornia Court of Appeal · 1996

16 more not listed; retrieve them via the Exa API.

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