Legal Opinion
Austero v. National Casualty Co. of Detroit
California Court of Appeal
Decided August 18, 1978No. Civ. 17929PublishedCited by 88 opinions
1Opinion of the Court
Opinion
McDANIEL, J.
The action in the trial court was for breach of contract, declaratory relief, emotional distress, so-called bad faith, and for fraud brought by an insured in a first party case against his own disability insurance carrier (the Company). Trial was had before a jury. The jury returned a verdict in favor of plaintiff in the amount of $67,200 compensatory and $336,000 exemplary damages. By later stipulation of counsel, $2,800 in interest was added to the award. The Company now appeals from the judgment entered on the verdict.
The Policy Provisions
In 1957, plaintiff as a member…
2Cases cited23 opinions
- Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
- Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
- Crisci v. Security InsuranceCalifornia Supreme Court · 1967
- Neal v. Farmers Insurance ExchangeCalifornia Supreme Court · 1978
- Fletcher v. Western National Life InsuranceCalifornia Court of Appeal · 1970
18 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Joan Hangarter v. Provident Life and Accident Insurance Company, and the Paul Revere Life Insurance Company Unumprovident Corp.Court of Appeals for the Ninth Circuit · 2004
- Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
- Travelers Insurance Co. v. SavioSupreme Court of Colorado · 1985
- Montrose Chemical Corp. v. Admiral InsuranceCalifornia Supreme Court · 1995
- Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.California Court of Appeal · 2000
83 more not listed; retrieve them via the Exa API.